LAWS(DLH)-2014-9-428

KAMAL @ RAM SINGH AND ANOTHER Vs. STATE

Decided On September 08, 2014
Kamal @ Ram Singh And Another Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Appellants Kamal @ Ram Singh and Guddi are aggrieved by the judgment dated Sept. 12, 2011 convicting them for offences punishable under Sec. 302/436/34 Penal Code and the order on sentence dated Sept. 15, 2011 directing them to undergo imprisonment for life and a fine of INR 5000.00 for offence punishable under Sec. 302/34 Penal Code and rigorous imprisonment for 3 years and a fine of INR 3000.00 for offence punishable under Sec. 436/34 IPC.

(2.) Kamal @ Ram Singh and Guddi, husband and wife assail the judgment on the ground that they have been falsely implicated. They did not abscond after the incident which conduct is compatible to their innocence. The version of prosecution witnesses is highly unnatural as if the prosecution witnesses had been seeing the appellants burning the jhuggi there was no reason that they would continue to commit the offence rather they would run away from the place. Though it is the case of the prosecution that the jhuggi was burnt by sprinkling kerosene oil, however as per the FSL report kerosene oil was not found present on the burnt material. There is no reason why the appellants would commit such an act when they have their own five children to look after. Hence, they be acquitted.

(3.) The explanation of the appellants in the statement under Sec. 313 Crimial P.C. is of denial and false implication.