MULLU Vs. STATE

JUDGEMENT

(1.) This criminal appeal assails the judgment and order dated 7.7.1993 passed by Special Judge, D.A.A, Hamirpur in Special Case nos. 76, 80 and 129 all of 1982, convicting/ sentencing the appellants under Section 394 IPC to 5 years R.I, under Section 302/34 IPC to life and appellant no.1/ Mullu under Section 411 IPC to 2 years R.I.

(2.) The prosecution in order to establish its case examined PW-1, an eye-witness / the informant, PW's-2 and PW-3 are injured witnesses, former a servant to PW-3, who both saw the accused coming out of the house of PW-1. PW's 4 and 5 are relatives of PW-1, who all turned hostile by refusing to identify the assailants. PW-6 is the Executive Magistrate, who conducted Test Idendification Parade of accused Mullu and Raj Bahadur at the District Jail on 5.5.1982, as also the recovery of incriminating articles from their possession. PW-7 is an eye-witness to the second occurrence, which took place at the Chakki. PW-8 is a police witness to the alleged recoveries from the house of accused Raj Bahadur. PW-9 is the medico, who examined the injuries of PW's-2 and 3. PW-10 is the medico, who identified the signatures of the author of the autopsy (Ext. Ka-6). PW-11 is the Head Moharrir, who proved the check FIR (Ext. Ka-10) as also relevant entries in the G.D. The court examined CW-1 as a police witness, who filed charge-sheet against all the accused persons.

(3.) Accused in their statements denied their involvement and claimed false implication on account of local village factional politics.