RADHEY SHYAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) SINCE common questions of law and facts are involved in all these appeals, the same were taken up together and are being disposed of by a common judgment.

(2.) THESE appeals are directed against the judgment dated 22.5.2012 rendered by the Additional Sessions Judge, Fast Track Court, Kullu in Sessions Trial No. 25 of 2009 whereby the appellants -accused (hereinafter referred to as the "accused" for convenience sake), who were charged with and tried for offences punishable under sections 302, 307, 323, 341, 342, 451 and 504 read with section 34 of the Indian Penal Code, have been convicted and sentenced to undergo life imprisonment and to pay a fine of Rs. 5,000/ - each for offence under section 302/34 of the Indian Penal Code. They were also convicted under section 451/34 of the Indian Penal Code and sentenced to undergo simple imprisonment for six months. They were also convicted under section 341/34 of the Indian Penal Code and sentenced to undergo simple imprisonment for one month. They were also convicted under section 342/34 of the Indian Penal Code and sentenced to undergo simple imprisonment for six months. They were also convicted under section 323/34 of the Indian Penal Code and sentenced to undergo simple imprisonment for six months. They were also convicted under section 504/34 of the Indian Penal Code and sentenced to undergo simple imprisonment for six months. All the sentences were ordered to run concurrently. The period of detention undergone by the accused was ordered to be set off.

(3.) PROSECUTION examined as many as 14 witnesses in all to prove its case against the accused. Statements of the accused under section 313 of the Code of Criminal Procedure were also recorded. They stated that they are innocent. Learned Additional Sessions Judge, Fast Track Court convicted and sentenced the accused as noticed hereinabove.