VIJAY KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant alongwith four other persons, namely Dayal Singh son of Bhangu Ram, Rakesh Kumar son of Dev Raj, Santosh Kumar son of Lekh Ram and Anil Kumar son of Tara Chand, was tried by the learned Sessions Judge below in Sessions Trial No. 8 of 2000.

(2.) Appellant was charge sheeted for having intentionally caused the death of Chander Sen on the intervening night of 25th and 26th October, 1999 in the area of bridge Pungh Nullah, Sundernagar. In addition to this charge, he was also charged under Sections 120 -B and 147 of the Indian Penal Code. As according to the prosecution, with a view to cause murder of Chander Sen in pursuance of the agreement between him and his other co -accused, all of them conspired to commit the offence. All of them were further alleged to have been the members of unlawful assembly. Common object of this assembly was to commit the offence of rioting.

(3.) The other four accused tried alongwith the appellant were charged under Section 302 I.P.C. read with Section 149 as well, and separately also under Sections 120 -B and 147 I.P.C. All the five accused pleaded not guilty and claimed trial to the charges framed against them.