BHAGWAN SINGH @ BHAGWANU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE appellant has challenged his conviction passed by the learned trial Court for the offence punishable under Section 302 of the Indian Penal Code for allegedly causing death of one Baba Chetan Giri, a Sadhu, by stabbing with a knife Ext. P.11 on his neck, as he was allegedly suspecting having affairs with his wife, hence sentenced to undergo rigorous imprisonment for life and to pay a fine of '.10,000/ -, with the default clause.

(2.) AFTER completing the investigation, Challan was presented against the accused for the offence aforesaid for his trial.

(3.) TO prove its case, the prosecution examined its witnesses. The accused was also examined under Section 313 of the Code of Criminal Procedure. He denied the circumstances which were found attendant upon him and stated that he was innocent and was implicated falsely by Dy. S.P. Bhagat Singh Thakur in this case. The said Dy. S.P. had also involved him earlier in another case of murder about 9/10 years back. The facts of that case were also more or less the same as in present case, but vide judgment Ext. D -1, he was acquitted. When called upon to enter his defence, he did not examine any evidence in defence.