(1.) Appellants-Convicts Wakar Chaudhary, Dalip, Bablu, Iqbal Khan and Asha @ Sarfutti (hereinafter referred to as the accused), have filed the instant Criminal Appeals, assailing the judgment dated 20.11.2014/26.11.2014, passed by the learned Addl. Sessions Judge-I, Solan, Distt. Solan, H.P., in Sessions Trial No. 24-S/7 of 2012, titled as State of Himachal Pradesh vs. Wakar Chaudhary & others, whereby they all stand convicted for having committed offences punishable under the provisions of Sections 302 and 396, both read with Section 120B of the Indian Penal Code. In addition, accused Wakar Chaudhary also stands convicted for having committed an offence punishable under the provisions of Section 25-54-59 of the Arms Act, 1959. They all stand sentenced as under: <FRM>JUDGEMENT_26_LAWS(HPH)10_2016.html</FRM>
(2.) In short, it is the case of prosecution that Priya Mahant (PW-4) and Rajesh (PW-5) noticed bodies of deceased Rattni @ Nani and Desh Raj lying inside the Kinner House, situate at Rajgarh Road, Solan, H.P. Such fact was immediately brought to the notice of the police at Police Station Sadar, Solan. Police Official Inspt. Raj Kumar (PW-26) visited the spot and inspected the room where the bodies were lying. Hands and mouth of both the deceased were tied and their throats slit with a knife lying on the spot. Inquest reports (Ext.PW-26/B to Ext. PW-26/E) came to be prepared and dead bodies sent for post mortem, so conducted by Dr. Anuj Kumar Gupta (PW-23) and reports (Ext.PW-23/C & Ext. PW-23/D) taken on record. After conducting preliminary investigation, the premises were sealed by the police. Police took into possession various incriminating articles from the spot and sent them for analysis to the Forensic Science Laboratory for opinion of experts. During the course of investigation, police interrogated several persons, including Priya Mahant (PW-4) and Manish (not examined), who were associated with the affairs and activities of the Kinner Centre run and managed by deceased Rattni. Initially police suspected hand of these persons and also took them into custody. However, since they were released on bail and no substantive evidence qua their involvement came to light and investigation did not lead to any further clue, eventually untraced report came to be filed on 27.7.2011, in connection with F.I.R. No. 267/2009, dated 29.10.2009 (Ext. PW-17/A) registered at Police Station Solan Sadar, Distt. Solan, H.P.
(3.) After a period of approximately two years, on 1.12.2011, SI-Ved Parkash (not examined) deputed at Anti Auto Theft Staff North West District, Delhi received a secret information that one lady alongwith four five persons was seeking opinion from a lawyer at the Court Complex, Rohini, in connection with an offence/murder which took place at Solan. With the receipt of such information, immediately a police party came to be constituted and same day, accused were nabbed. During interrogation, they confessed to have committed murder of deceased Rattni and Desh Raj. Such information came to be passed on to the police officials of Police Station Solan and on receipt thereof, Inspt. Chaman Lal (PW-27) after reaching Delhi took custody of the accused and by obtaining transit remand, brought them to Solan, where, in custody, they made confessional/disclosure statements in the presence of independent witnesses. Also pursuant thereto, accused led the police identifying various places of crime.
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