RAJESH KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of the Division Bench of the Himachal Pradesh High Court holding the appellant and one Surjit Singh guilty of offence punishable under S. 302 read with S. 34 of the Indian Penal Code, 1860 (in short the IPC) and each sentenced to imprisonment for life and to pay a fine of Rs. 5,000/- with default stipulation. By order dated 19-2-2001, the Special Leave Petition was dismissed qua Surjit Singh.

(2.) Prosecution version leading to the trial is as follows :

(3.) In support of the appeal Mr. Shiva Pujan Singh learned counsel for the appellant submitted that the prosecution version even if accepted in its totality does not make out a case for application of S. 302, I.P.C. read with S. 34, I.P.C.