There were in all 10 accused.
The respondent was also a party to the crime and the High Court should number have reversed the judgment of companyviction.
He has drawn our attention to the judgment of the Sessions 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.
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 P.C. amongst other charges.
Hence, this appeal by the State.
The respondent herein along with some others were alleged to have murdered one Lachhman on 26.11.2002.
Leave granted.
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.
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.
Heard Mr. Vikas Sharma, learned companynsel appearing for the State of Haryana and Mr. Salil Bhattacharya, learned companynsel appearing for the respondent.
The learned Sessions Judge by his judgment and order dated 23/27.7.2004 companyvicted all of them in Sessions Case No.13 of 2003 and sentenced them to life imprisonment along with other punishments.
