HARINDER AND ORS. Vs. STATE OF H.P.

JUDGEMENT

(1.) SINCE , both these appeals arise from a common judgment rendered on 10 -9 -2009/11 -9 -2009 in Sessions Trial No. 3 -S/7 of 2008 by the learned Sessions Judge, Solan, hence, they are proposed to be decided by a common judgment.

(2.) CRIMINAL Appeal No. 206 of 2010 has been instituted by the State of H.P. It stands aggrieved by the judgment of the learned trial Court, whereby the learned trial Court recorded findings of acquittal against accused/respondents Mohit Sharma, Abhishek and Pawan Kumar qua charges framed against them under Sections 147, 148, 149, 302 read with Section 149, 307 read with Section 149, 201 read with Section 149 of the Indian Penal Code and under Section 27 of the Arms Act read with Section 149of the Indian Penal Code. On the other hand, Criminal appeal No. 13 of 2010 has been instituted before this Court at the instance of accused Harinder, who stands aggrieved by the findings of conviction recorded against him for his having committed offences punishable under Sections 302, 307, 324 and 201 of the IPC and under Section 27(1) of the Arms Act.

(3.) ACCUSED Harinder during interrogation made a disclosure statement on the basis of which the knife was recovered which was taken into possession after measuring it and a sketch thereof was prepared in the presence of the witnesses. The site plan of the place of recovery of knife was prepared. Accused Abhishek Thapa on 22.6.2008 identified the place of incident in the Thodo ground.