DEEPAK VERMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) These appeals have been preferred by Dheeraj Verma (original accused no.1) and Deepak Verma (original accused no.2) so as to assail the order of conviction and sentence dated 30.12.2005 rendered in Sessions Trial no.55 of 2003 by the Sessions Judge, Chamba, as also, the decision rendered by the Himachal Pradesh High Court in Criminal Appeal No.27 of 2006, whereby, the conviction and sentence awarded by the Sessions Judge, Chamba, on 30.12.2005, came to be upheld on 2.9.2009.

(2.) The prosecution, in order to bring home the case against the appellants- accused examined as many as 27 witnesses. The prosecution story, as is emerged from the statements of the witnesses, produced by the prosecution, reveals that Kamini Verma alias Doli resided with her father Arun Kumar PW2 in Mohalla Sultanpur, Chamba, in the State of Himachal Pradesh. Kamini Verma was married to Anmol Verma alias Munna on 6.2.2003. Thereafter, she had been residing along with her husband at Mukerian in the State of Punjab. On 28.7.2003, Kamini Verma came to her father's house in Chamba from Pathankot. She had arrived at 05:30 hrs. She had been escorted to her father's house by Rakesh Verma (her paternal uncle, i.e., younger brother of her father Arun Kumar, PW2), and his wife Veera.

(3.) About a year before the marriage of Kamini Verma with Anmol Verma, Deepak Verma, appellant-accused no.2 had approached Arun Kumar PW2 (father of Kamini Verma) with a marriage proposal for Kamini Verma, with his younger brother Dheeraj Verma appellant-accused no.1. Kamini Verma's father, Arun Kumar did not accept the proposal. Thereafter, Kamini Verma was married to Anmol Verma on 6.2.2003. Earlier, Dheeraj Verma and Deepak Verma, were tenants in the house of Arun Kumar (PW2, father of Kamini Verma). The two accused were originally residents of Gurdaspur in the State of Punjab. The father of the accused, namely, Shyam Lal, a goldsmith, had moved to Chamba in the State of Himachal Pradesh, and had started to reside in the house of Arun Kumar PW2. Shyam Lal has reportedly now gone back to the State of Punjab. The affinity between the family of Arun Kumar (PW2, father of Kamini Verma) and Shyam Lal (father of appellants-accused Dheeraj Verma and Deepak Verma) was also based on the fact, that Deepak Verma, appellant-accused no.2, had been giving home tuitions to Kamini Verma and her brother Deepak Kumar (PW1).