RAJIV KUMAR Vs. STATE

JUDGEMENT

(1.) This is an appeal in which the case propertyincluding the weapons of offence has not been produced before us duringarguments and thue we have been deprived from fully assessing it on merits.During the course of arguments, Mr. G.S.Sharma, learned counsel for theState, made the following statement on 14/04/1988 :

(2.) Mrs. Anjana Gosain, learned counsel for the appellant, submittedthat non-production of the case property is a serious infirmity which mustbe held to be fatal to the prosecution case and on that ground alone thethree appellants are entitled to be acquitted. We would, however, advert tothis aspect after noticing the facts.

(3.) Rajiv Kumar, his brother Purshottam and their brother-in-law,namely. Ram Chander, challenge their conviction for the offence underSection 302 read with Section 34 of the Indian Penal Code. They werefound guilty vide judgment dated the 29/08/1983. They further seeksetting aside of the order dated the 30/08/1983 of the AdditionalSessions Judge sentencing them to life imprisonment and a fine of Rs. l,000.00each. In default of payment of fine, the appellants were directed to undergosimple imprisonment for a period of six months each.