VIJAY AND ORS. Vs. STATE

JUDGEMENT

(1.) Vijay appellant in CRL.A.1529/2011; Devi Singh, Lokesh and Yogesh appellants in CRL.A.580/2012 were charged with the offence of trespassing into the house of Mannu Dev Sharma and committing his murder and voluntarily causing hurt to Ms.Sunita. Vide the impugned judgment dated September 13, 2011, they have been convicted for the offences punishable under Sections 452/302/323/34 IPC and directed to undergo imprisonment for life for the offence punishable under Sections 302/34 IPC and pay a fine of Rs. 10,000/- each, to undergo rigorous imprisonment for a period of 3 years and pay a fine of Rs. 5000/- each for the offence punishable under Section 452 IPC and to undergo rigorous imprisonment for a period of 1 year and pay a fine in sum of Rs. 1000/- each for the offence punishable under Section 323/34 IPC.

(2.) The appellants are all related: Lokesh and Yogesh being the sons of Devi Singh and Vijay his nephew. In their statement under Section 313 Cr.P.C. they have all pleaded false implication. It would be relevant to note the statement of Devi Singh which covers the case of Lokesh and Yogesh as well as under:

(3.) Even the defence of Vijay, the nephew of Devi Singh is that he was innocent and does not know why he was named by the witnesses. He states that he was not present with the other persons at that place on the said date, time and place as alleged and has been falsely implicated in this case being a native of the village. No defence evidence has been led by the appellants.