RAN BAHADUR Vs. STATE OF H.P

JUDGEMENT

(1.) BOTH these appeals are being disposed by this judgment as they arise out of the same judgment of the learned Sessions Judge in Session Trial No.17 of 2006, decided on 23rd/24th August, 2007.

(2.) THE appellants herein were convicted by the learned Court below for offences under Section 302, 201 read with Section 34 IPC and have been sentenced to undergo rigorous imprisonment for life and fine of Rs.5000/ - each under Section 302 IPC, in default of payment of fine to undergo further simple imprisonment for six months, rigorous imprisonment for two years and fine of Rs.1000/ - each for offences under Section 201 IPC, in default of payment of fine to undergo simple imprisonment for three months.

(3.) DURING the course of investigation, it was found that one Panna Lal, who was a juvenile, was also an active participant in the crime. After effecting recoveries etc., the case was sent for trial.The prosecution examined 18 witnesses. The learned Court convicted the appellants on the basis of circumstantial evidence produced on the record. To arrive at this conclusion, the learned Court notes six circumstances; namely; (a) statement of the accused under Section 27 of the Evidence Act and recoveries effected in pursuance to the statement, (b) identification of the clothes which were recovered during the investigation; (c) conduct of the accused persons (d) motive for the crime (e) Medico Legal Evidence and (f) report of the Chemical Examiner.