RAKESH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) Appellant was found guilty for having committed offence under Section 302 of the Indian Penal Code. He was sentenced to undergo rigorous imprisonment for life under Section 302 IPC, and also to pay fine of Rs. 5000/-. In case fine was not paid, he was directed to further undergo simple imprisonment for six month. Appellant filed this appeal from jail. Since he was un-represented, for defending him, Mr. M.S. Guleria, Advocate was appointed as a Legal Aid Counsel.

(2.) Prosecution case in brief as made out from the record is :-

(3.) Yashpal and his wife had gone for dinner at Mohalla Paddal. They returned at about 9.30 p.m. Before the return of this couple, all the persons above named had consumed a bottle of liquor. This witness further claim that music was being played on deck at a low pitch. Wife of PW-3 Yashpal had gone to bed after having returned from the dinner as she was not well.