KULDEEP KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) These four appeals are being disposed of by a common judgement since they arise out of the same incident and judgement whereby all the four accused were convicted of having committed offences punishable under Sections 302, 382, 201 read with Section 34 IPC and sentenced as follows:-

(2.) The four appellants along with fifth accused Arun Kumar alias Vicky, who turned approver and was granted pardon, were charged with having committed the murder of one Sh. Rakesh Gautam and his driver Vijay Kumar and also of having committed theft of the money belonging to Rakesh Gautam in furtherance of their common intention.

(3.) Briefly stated the facts of the case which are really not in dispute are that Usha Guleria ran a public call office (PCO) at Rasooh Chowk near Ranital. She also used to run a taxi and the approver Arun Kumar was employed by her as a driver. Accused Kuldip Kumar used to assist Usha Guleria in her shop. Manoj Kumar and Ashok Kumar were residents of Rasooh Chowk.