DEVINDER KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) Since common questions of law and facts are involved in both the appeals, the same were taken up together for hearing and are being disposed of by a common judgment.

(2.) These appeals are instituted against the judgment dated 4.12.2010 rendered by learned Special Judge, Chamba in sessions trial No. 12-S/7 of 2010, whereby the accused/appellants were convicted and sentenced to undergo rigorous imprisonment for life along with fine of Rs.20,000/- each and in default of payment of fine to further undergo imprisonment for one year each under Section 302 read with Section 34 of the Indian Penal Code and to undergo rigorous imprisonment for 2 years and to pay a fine of Rs.5,000/- each and in default of payment of fine to further undergo imprisonment for two months each under Section 201 read with Section 34 of the Indian Penal Code. Both the sentences were ordered to run concurrently.

(3.) The case of the prosecution, in a nutshell, is that PW1 Krishna Devi filed an application, Ext.PW1/A dated 4.6.2009 that her husband Paras Ram was missing since 1.6.2009. On 7.6.2009, PW1 Krishna Devi filed another application, Ext.PW1/B and suspected that the accused Sumit Dhillon was behind missing of her husband since she had some dispute about sharing of commission of the property dealings with her son. Thereafter, FIR No.62/09 under Section 364 of the Indian was registered at Police Station, Dharampur. A decomposed dead body partly burnt was recovered at a place known as Danoghat. FIR No.86/2009, dated 4.6.2009 was registered at Police Station, Baddi under Section 302 of the Indian Penal Code. PW1 Krishna Devi had suspicion on accused Sumit Dhillon, who was called from her parental house at Moga. On 6.6.2009, she came to Dharampur. On 7.6.2009, she was called to Police Station, Dharampur and was arrested.