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2004 Supreme(SC) 248

N.S.HEGDE, B.P.SINGH
Hans Raj – Appellant
Versus
State Of Haryana – Respondent


JUDGMENT

B.P. Singh, J.-In this appeal by special leave the appellant Hans Raj has impugned the judgment and order of the High Court of Judicature of Punjab and Haryana at Chandigarh dated January 21, 1997 in Criminal Appeal No. 633 - SB of 1986 affirming the judgment and order of the learned Additional Sessions Judge, Kurukshetra dated September 24, 1986 convicting and sentencing the appellant to seven years rigorous imprisonment and a fine of Rs. 300/- under Section 306 I.P.C. We have carefully perused the judgments of the learned Additional Sessions Judge and the High Court and we are constrained to observe that the High Court while disposing of the appeal did not even apply its mind to the facts of the case. A disturbing feature noticed by us is that the High Court merely repeated paragraphs after paragraphs from the judgment of the learned Additional Sessions Judge as if those conclusions were its own, reached on an appreciation of the evidence on record. Many of the paragraphs are word from word borrowed from the judgment of the learned Additional Sessions Judge without acknowledging that fact. We are, therefore, left with the impression that the High Court failed to apply its



























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