KRISHNA Vs. STATE OF H.P.

JUDGEMENT

(1.) THE instant appeal is directed against the judgment, rendered on 5th October, 2012, by the learned Additional Sessions Judge, Fast Track Court, Una, District Una, H.P., in Sessions Case No. 21/2010, whereby, the appellants/accused persons have been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/ - each under Section 302 read with Section 34 of the Indian Penal Code and in default of payment of fine, they have been sentenced to undergo further rigorous imprisonment for a period of one year.

(2.) THE brief facts of the case are that, on 18.8.2010, complainant Shiv Kumar (PW -5) telephonically informed the Inspector/SHO, R.R. Thakur (PW -20) that Mahesh, who was his employee in the Triputi poultry farm since the year 2010 at village Raisari, had died and his dead body was lying on the lintel of the poultry farm. His other employee, namely, Deepak was also lying in an unconscious state owing to injuries on his body. After receiving the information, the Inspector, along with other police officials, reached the spot in a Government vehicle and recorded the statement of PW -5 under Section 154 Cr.P.C. Ext. PW -5/A to the effect that on 17.08.2010 evening, he left for his house from the Poultry farm and on 18.8.2010 at about 6.15 a.m., he was informed by his brother, on mobile phone, about the incident. He noticed that Mahesh Kumar had sustained injuries with sharp edged weapon on the neck and shoulder and had succumbed to the injuries on the spot. Deepak had also sustained injuries on his head and neck with sharp edged weapon. Deepak was sent to Regional Hospital, Una for receiving treatment. It was found that some one had attempted to murder both Mahesh and Deepak. Thereafter, statement of the complainant Shiv Kumar was sent to the Police Station, Una, and on the basis of which, F.I.R. Ext. PW -12/B, under Section 302 and 307 IPC was registered. Thereafter, investigation of the case was commenced.

(3.) THE accused were charged for theirs having committed offences punishable under Sections 302 read with Section 34 of the IPC by the learned trial Court, to which they pleaded not guilty and claimed trial.