LAXMAN PATEL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant appeal, appellant has assailed his conviction recorded by learned Sessions Judge, Kullu, H.P. vide judgment dtd. 7/12/2013 and consequent sentence order of the same day, passed in Sessions Trial No. 42 of 2011 (107 of 2012), whereby, the appellant has been convicted for commission of offence under Sec. 302 IPC and sentenced to undergo imprisonment for life with payment of fine of Rs.10,000.00. In default of payment of fine to further undergo rigorous imprisonment for six months.

(2.) The case as set up by prosecution was that the appellant and deceased belonged to Varanasi and were engaged in business of selling of cloth as hawkers from place to place.

(3.) It was alleged against the appellant that he murdered the deceased in Room No.3 of the Inn by striking his head with a stone. Appellant thereafter cut the body of deceased into parts and disposed it off at different places. The lower part of the body was allegedly thrown in River Beas from a bridge at Bhuntar in District Kullu and the remaining upper part of the body was packed in a plastic bag and blanket etc. and was thereafter thrown at a place "Kirad Bridge" near Jukhala within the jurisdiction of Police Station Barmana, District Bilaspur, H.P.