VISHWAJIT Vs. STATE

JUDGEMENT

(1.) THE appellants Vishwajit @ Bittoo and Ajay @ Ajji have preferred the appeal against the judgment and order on sentence dated 12.08.1998 of learned Additional Sessions Judge in SC No.21/1996 by which they were convicted for committing offence punishable under Section 302/34 IPC and sentenced to undergo imprisonment for life with a fine of Rs.2,000/- each.

(2.) THE prosecution version as unfolded during trial is as follows:

(3.) DURING the course of investigation, the Investigating Officer prepared site plan. Since the informant had indicted the accused persons, the police set out to arrest them. They were arrested and their disclosure statements were recorded. The accused Vishwajit @ Bittoo and Ajay @ Ajji pursuant to their disclosure statements got recovered 'Kripan' and 'Katari' from a jhuggi which were seized. The IO sent the exhibits to Forensic Science Laboratory (FSL) and collected its reports subsequently. He recorded the statements of the concerned witnesses conversant with the facts. After completing the investigation, a charge-sheet was filed against the appellants along with Sandeep Kumar @ Pappal, Vijay and Mohan Singh for committing the offences under Sections 302/120B read with Section 34 IPC. They were duly charged and brought to trial.