BIRBAL Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT -convict Birbal, hereinafter referred to as the accused, has assailed the judgment dated 27.7.2010/4.8.2010, passed by Additional Sessions Judge, Fast Track Court, Una, District Una, Himachal Pradesh, in Sessions Case No. 1/2010 (Sessions Trial No. 1/2010), titled as State v. Birbal, whereby he stands convicted and sentenced as under:

(2.) IN relation to FIR No. 286, dated 5.8.2009 (Ex. PW -24/A), registered, under the provisions of Section 364 of the Indian Penal Code, at Police Station, Sadar (Una), accused was charged to face trial for having committed offences, punishable under the provisions of Sections 364, 302 & 201 of the Indian Penal Code. Undisputedly, defence taken by the accused, in his statement, under the provisions of Section 313 of the Code of Criminal Procedure, reads as under:

(3.) FINDING the testimonies of the prosecution witnesses to be reliable and their version to be clear, cogent and consistent, trial Court found the prosecution to have proved on record the chain of circumstances, beyond reasonable doubt, leading to the only hypothesis of the guilt of the accused,. Correctness of the findings and the judgment is the subject matter of the present appeal.