HEM RAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This judgment shall dispose of both appeals arising out of the judgment dated 20.4.2009, passed by learned Additional Sessions Judge, Fast Track Court, Chamba, whereby both accused, namely Bhagat Ram, hereinafter referred to as "accused No.1" and Hem Raj alias Raju, hereinafter referred to as "accused No.2", have been convicted under Section 302, read with Section 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay Rs.20,000/- each as fine.

(2.) Challenge to the impugned judgment is on the ground, inter alia, that for want of cogent and reliable evidence, the prosecution has miserably failed to connect the accused persons with the offence of murder of Meer Chand, however, the Court below convicted them erroneously on the basis of surmises and conjectures. There is no direct evidence and whatever evidence is produced by the prosecution is contradictory in nature, which allegedly has been misappreciated and misconstrued simply to convict both accused. Prosecution story allegedly is not trustworthy and has been erroneously believed to be true. It has, therefore, been urged that the findings of conviction recorded by the Court below being perverse may be quashed and set aside.

(3.) Before coming to the merits of the case, as set out in these appeals, it is desirable to take note of the facts in brief, leading to registration of the case against the accused persons.