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IN THE SUPREME COURT OF INDIA

CRIMINAL  APPELLATE JURISDICTION  

CRIMINAL APPEAL NO. 1931   OF 2013

(Arising out of SLP(Crl.) No.4763/2010)

STATE OF HARYANA                            Appellant(s)

                    :VERSUS:

RAJINDER                                    Respondent(s)

O R D E R

Leave granted.

2. Heard  Mr.  Vikas  Sharma,  learned  counsel  

appearing for the State of Haryana and Mr. Salil  

Bhattacharya,  learned  counsel  appearing  for  the  

respondent.  This  appeal  by  the  State  of  Haryana  

seeks  to  challenge  the  judgment  and  order  dated  

18.9.2009 rendered by the Division Bench of the High  

Court  of  Punjab  and  Haryana  at  Chandigarh  in  

Criminal  Appeal  No.715-DB  of  2004  whereby  the  

respondent Rajinder son of Jita came to be acquitted  

from a charge under Section 302 I.P.C. amongst other  

charges.

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3. The short facts leading to this appeal are  

this  wise.  The  respondent  herein  along  with  some  

others were alleged to have murdered one Lachhman on  

26.11.2002. There were in all 10 accused. They were  

tried for the offences under Sections 302, 452, 342,  

148 & 149 of the Indian Penal Code and Section 25 of  

the  Arms  Act.  The  learned  Sessions  Judge  by  his  

judgment and order dated 23/27.7.2004 convicted all  

of them in Sessions Case No.13 of 2003 and sentenced  

them  to  life  imprisonment  along  with  other  

punishments.  The  respondent  herein  filed  Criminal  

Appeal No.715-DB of 2004 before the High Court which  

came to be allowed by the Division Bench of the High  

Court  acquitting  him.  Hence,  this  appeal  by  the  

State.   

4. Learned  counsel  for  the  State  of  Haryana  

points out that the exclusion of the respondent from  

the other group by the High Court in the impugned  

judgment was erroneous. The respondent was also a  

party to the crime and the High Court should not  

have  reversed  the  judgment  of  conviction.  He  has  

drawn our attention to the judgment of the Sessions

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Court and also to the statement of PW-8 – Rajmal who  

stated that the respondent Rajinder son of Jita gave  

a  Lalkara  (shout)  and  all  other  accused  persons  

assembled  there  which  led  to  the  murder  of  the  

aforesaid  Lachhman.  It  is  also  stated  in  the  

deposition of the said witness that the respondent  

gave  a  Gandasa  blow  on  the  left  cheek  of  the  

deceased Lachhman.  Learned counsel pointed out that  

the Sessions Judge disbelieved the DW-4 Ishwar Singh  

who  stated  that  the  respondent  Rajinder  was  not  

present at the site of the occurrence but he, in  

fact, was working at another place on the relevant  

date.  Learned counsel submitted that this finding  

of the Sessions Judge could not have been upturned  

by the High Court.  

5. We  have  perused  the  judgment  of  the  High  

Court which clearly records that not only has this  

DW-4 deposed as above, but a copy of the relevant  

register Exhibit D-C has been produced to show that  

this accused was in the office of the Haryana State  

Electricity Board at that particular point of time.  

It is also to be noted that the allegation against  

the respondent is that he had given a blow by a

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Gandasa on the left cheek of the deceased. There is  

no such injury on the left cheek of the deceased and  

it is Injury No.5 which was on the chest of the  

deceased because of which the deceased succumbed to  

death. This being the position, we do not see any  

error in the order passed by the High Court. It is  

also  material  to  note  that  the  incident  was  of  

26.11.2002  and  the  Sessions  Court  judgment  is  of  

23/27.7.2004  and  the  High  Court  judgment  is  of  

18.9.2009.  All  this  time  the  respondent  was  in  

custody until he was  acquitted by the High Court.  

We  do  not  see  any  reason  to  interfere  with  the  

impugned order passed by the High Court. This appeal  

is, therefore, dismissed.    

.........................J (H.L. GOKHALE)

...........................J (KURIAN JOSEPH)

New Delhi; November 12, 2013.