KISHUL KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS judgment shall dispose of two jail appeals filed by convicts against their conviction and sentence dated 25/29.9.2008 passed by learned Addl. Sessions Judge, Shimla in Sessions Trial No. 6 -S/7 of 2007, sentencing Kishul Kumar to undergo rigorous imprisonment for seven years and Rajiv alias Bunti to undergo rigorous imprisonment for five years for offence under Section 307 IPC, they are also sentenced to pay fine of Rs. 20,000/ - and Rs. 10,000/ - respectively, in default of payment of fine, they shall undergo simple imprisonment for two years and one year respectively. Out of the fine amount 50% amount has been ordered to be paid to victim Dixit Rajpoot when realized.

(2.) THE prosecution case in brief is that on 6.8.2007 at about 7.25 pm, a telephonic information was received from one Raghunandan Chaudhary, owner of Hotel Sentiments that three boys had stayed in room No. 6 at his hotel, out of them one boy was lying inside the room with his neck cut and bleeding, the door of the room was bolted from out side. The police reached the spot and found a boy in injured condition in the room. He was not able to speak but he could write. He wrote his phone number and names of his assailants. He was taken to hospital. Police recorded the statement of PW -4 Sunder Singh an official of the hotel. The police took photographs of the spot and took into possession blood stained bed -sheet, cigarette butts, hair etc. from the spot.

(3.) IT has also come in investigation that Akash had taken all money from Dixit Rajpoot which he had stolen from his house except a sum of Rs. 4,000/ -. On 5.8.2007 Akash gave a sum of Rs. 14,000 -15,000 to his brother Kishul out of the money of Dixit Rajpoot and sent Kishul and Rajiv alias Bunti with Dixit Rajpoot for a trip to Shimla. They stayed in hotel Amar at Shimla on 5.8.2007 and in hotel Sentiments on 6.8.2007. The entry in holtel Sentiments about their arrival was made by Kishul. He however, had entered a false name in the register. Dixit Rajpoot demanded his money back. At this, the accused, in order to do away with his life, cut his neck with a knife and left him in the room thinking that he was dead, they locked the room from outside.