RAJ KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 4.10.2008, rendered by the learned Sessions Judge, Mandi, in Sessions Trial No. 1 of 2008, whereby the appellant-accused was charged with and tried for offences under Sections 302 & 201 IPC read with Section 34 IPC. One of the accused Bharfi Devi was declared proclaimed offender. The learned Sessions Judge convicted the appellant-accused Raj Kumar (hereinafter referred to as the accused) and accused Ramesh Kumar and Om Prakash were acquitted. The accused was convicted under Sections 302 and 201 IPC. He was ordered to undergo simple imprisonment for life and to pay fine to the tune of Rs. 10,000/- and in default of payment of fine, he was ordered to undergo simple imprisonment for one year under Section 302 IPC. He was also convicted under Section 201 IPC and ordered to undergo simple imprisonment for 3 years and also to pay fine to the tune of Rs. 5000/-. In default of payment of fine, to further undergo simple imprisonment for six months. Both the sentences were ordered to run concurrently.

(2.) The case of the prosecution, in a nut shell, is that on 23.8.2007 at about 8:30 PM at Village Sihan, PS Sarkaghat, the accused Raj Kumar committed the murder of Meena Devi wife of late Hari Singh intentionally and voluntarily in furtherance of common intention along with other co-accused namely Ramesh Kumar and Om Prakash. The accused persons have also caused certain evidence to disappear and proclaimed that Meena Devi had fled from her house. The statement of PW-1 Jiwan Lal was recorded under Section 154 Cr.P.C. vide memo Ext. PA. FIR was registered on the basis of Ext. PA. The accused were arrested. Post mortem on the dead body was got conducted. The accused made disclosure statement, on the basis of which, recoveries were effected. The investigation was completed and thereafter challan was put up after completing all the codal formalities.

(3.) The prosecution has examined as many as 24 witnesses to prove its case. The accused persons were also examined under Section 313 Cr.P.C. Accused Raj Kumar also produced two witnesses DW-1 and DW-2. The learned Trial Court convicted and sentenced the accused Raj Kumar, as stated hereinabove. Hence, the present appeal.