IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-A 172-MA of 2011 Date of decision 16.5.2011 Hari Singh …….Appellant Vs. Gurmukh Singh and ors …… Respondents CORAM: HON’BLE MR. JUSTICE HEMANT GUPTA HON’BLE MR. JUSTICE A.N.JINDAL Present: - Mr. K.S.Dhaliwal, Advocate for the appellant Hemant Gupta, J Challenge in the present appeal is to an order passed by learned Sessions Judge on 29.11.2010, whereby the respondents were acquitted of the charge for an offence under Sections 302 read with Section 34 and 201 of the Indian Penal Code. Learned trial Court has, inter alia, returned a finding that the complaint is lodged after a gross delay and that the cause of death is not known as no post mortem was conducted. The incident is said to have taken place on 8.12.2003 but the complaint was filed on or after 9.1.2004. There is an unexplained delay in filing of the complaint. The cause of death cannot be ascertained as there was no post mortem conducted. Learned trial Court has also found that there are contradictions in the statement of the witnesses produced by the complainant. CRM-A 172-MA of 2011 In view of the findings recorded, we do not find that there is any error apparent in the order passed by learned Sessions Judge on 29.11.2010, which may warrant any interference in appeal against acquittal. Dismissed. (HEMANT GUPTA) JUDGE 16.5.2011 (A.N.JINDAL) Preeti JUDGE 2 CRM-A 172-MA of 2011 3