YOGESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 29.12.1999/31.12.1999 by which the Sessions Judge, Una has convicted the appellant -accused under Section 302 of the Indian Penal Code for causing murder of one Pawan Kumar and sentenced him to imprisonment for life and to pay fine of Rs.5,000/ -. In default of payment of fine he shall suffer simple imprisonment for one year.

(2.) In Session Case No.5/1999 (Sessions trial No.9/1999) four accused namely Yogesh Kumar, Dinesh Kumar, suresh Kumar and Smt. Raj Kumari were charged for the offence under Sections 302 and 120 -B of the Indian Penal Code by the learned Sessions Judge, Una. The learned Sessions Judge convicted and sentenced Yogesh Kumar accused for the offence punishable under Section 302 I.P.C. and acquitted the other three accused persons.

(3.) The facts of the prosecution case may briefly be stated as follows: