KIRAN HIMRAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

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

(2.) BOTH these appeals are instituted against the judgment dated 10.9.2012 rendered by the Additional Sessions Judge, Fast Track Court, Shimla in Sessions Trial No. 2 -S/7 of 2011, whereby the appellants -accused (hereinafter referred to as the 'accused' for convenience sake), who were charged with and tried for offences punishable under sections 120 -B and 302 of the Indian Penal Code, have been convicted and sentenced to undergo life imprisonment for the commission of offence under section 302 read with section 120 -B of the Indian Penal Code. They were ordered not to be released from the prison till their death.

(3.) PROSECUTION examined as many as 38 witnesses in all to prove its case against the accused. Statements of accused were also recorded under section 313 of the Code of Criminal Procedure. They claimed innocence and according to them, they have been falsely implicated in the case. Accused have also produced DW -1 Sunil Thakur.