JAGAT RAM Vs. STATE OF H P

JUDGEMENT

(1.) APPELLANTS were convicted under Section 307 read with Section 34 Indian Penal Code, in Sessions case No. 16-K of 1999 decided on 12.9.2003, and sentenced by the learned trial Court, to undergo rigorous imprisonment for a `5000/- each period of three years and to pay a fine of under Section 307 Indian Penal Code. In default of payment of fine, to further undergo simple imprisonment for a period of six months. It was also ordered that out of the `15,000/-, if realized, an amount of total fine amount, i.e., `10,000/- shall be paid to injured Vijay Kkumar, as compensation.

(2.) APPELLANTS felt aggrieved by the impugned judgment of conviction and sentence as such challenged it in the present appeal.

(3.) ON 13.12.1998 PW11 S.I. Ambiya Ram proceeded to the spot, recorded the statements of the witnesses, prepared the site plan Ext. PW11/C and also went to the Hospital to record the statement of Vijay Kuamr but he was `not fit' to make the statement.