ASHOK KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant was held guilty for the offences punishable under Section 302 of the Indian Penal Code and Section 25 of the Indian Arms Act, 1959 by the learned Additional Sessions Judge (Fast Track Court) in Sessions Trial No.16 FTC/7 of 2007 decided on 26th June, 2008, whereby he was sentenced to undergo life imprisonment and to pay a fine of Rs. .10,000/-, in default of payment of fine, to further undergo imprisonment for two years. Further he was also sentenced to suffer imprisonment for a period of three years and to pay a fine of Rs. .5,000/-, in default of payment of fine to further undergo imprisonment for six months for the offence punishable under Section 25 of the Arms Act.

(2.) The prosecution story, as borne out from the prosecution evidence, can be stated thus. Jagat Ram deceased was putting up with his two sons PW1 Naresh Kumar and PW8 Harish Kumar in village Dumehar in a newly constructed house with his wife PW13 Roshani Devi, whereas his another son PW9 Roop Chand with his wife in the old house near the house of the accused. PW6 Harish Singh Negi Painter had undertaken the work of newly constructed house of deceased Jagat Ram.

(3.) After completing the investigation, the challan was presented in the Court for the trial of only against the accused and the names of other accused persons were deleted for the offence punishable under Section 34 of the Indian Penal Code. The accused was accordingly charge-sheeted for the offence of murder and under the Arms Act as aforesaid. He pleaded not guilty and claimed trial.