SUDESH SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS judgment will dispose of both appeals arising out of the judgment dated 4.1.2006 in Sessions Trial No. 35 -ST/7 of 2005/2003 whereby the appellants, hereinafter referred to as "the accused" have been convicted for the commission of an offence punishable under Sections 302 and 380 read with Section 120B of Indian Penal Code and each of them sentenced to undergo imprisonment for life under Section 302 read with Section 120B of Indian Penal Code and to undergo rigorous imprisonment for 5 years and to pay fine of Rs. 10,000/ - each under Section 380 read with Section 120B of Indian Penal Code.

(2.) THE charge against the accused is that on January 30, 2003 they hatched a conspiracy to enter the house of PW -11 Mehar Singh at village Sataun to commit theft. In furtherance of the conspiracy the accused hatched, they entered Mehar Singh's house at village Sataun, Tehsil Paonta Sahib, District Sirmaur on 30.1.2003 itself and murdered Bhajjo Devi, his wife and thereafter they committed theft by stealthily removing coins, ornaments of silver and gold from the house. They, however, denied the charge so framed under Sections 302 and 380 read with Section 120B of Indian Penal Code against each of them. Learned Sessions Judge, Sirmaur Sessions Division at Nahan, however, after holding full trial has recorded the findings of conviction against all the three accused and consequently sentenced them in the manner as already pointed out at the outset. Since there is challenge to the findings of conviction and sentence recorded by learned Sessions Judge in these appeal, therefore, the determination of the question of legality and validity of the impugned judgment takes us to the facts of the case and the evidence which has been appreciated by learned Sessions Judge while recording the findings of conviction against them.

(3.) ACCUSED Bachan Singh owed money to PW -11 and also State Bank of India from where he had raised loan. Therefore, when found himself under heavy debt, planned to do away with the lives of PW -1 and his wife and commit theft in their house. In order to implement the plan, on 28.1.2003 he hatched a conspiracy with his co -villager and co -accused Jagat Singh. Purchase of coins was hobby of PW -11 and as accused Bachan Singh was familiar with his weakness, therefore, they planned to allure PW -11 by showing him samples of coins. They went to Vikasnagar. There accused Bachan Singh purchased 4 silver coins amounting to Rs.490/ - from Shri Raj Kumar PW -13, Proprietor of Rana Jeweller. After that on 29.1.2003 in the evening they hired an ambassador car UP -10 -2760 and went to Sataun. They made Jawahar Singh (PW -14) the driver thereof to park the same at bus -stand and wait for them there. They went to the house of PW -11 and knocked the door. However, there was no response from inside nor any one opened the door. They returned to bus -stand where the car hired by them was parked and postponed their plan of committing the theft in the house of PW -11 to the next day. They boarded the car and returned to Vikasnagar in Uttrakhand. They hired a room in hotel Shikhar at Vikasnagar and stayed their on that day.