JAGDISH Vs. STATE OF H.P.

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment of the Sessions Court whereby the appellant has been convicted of offences under Sections 302 and 201 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs.3,000/-, in default of payment of fine to undergo simple imprisonment for a period of three months, in respect of offence under Section 302 IPC; and to undergo imprisonment for two years and to pay a fine of Rs.2,000/-, in default of payment of fine to undergo simple imprisonment for two months, in respect of offence under Section 201 IPC.

(2.) APPELLANT alongwith two other persons, named Patiya Ram and Pawan Kumar, was sent up for trial for offences punishable under Sections 302 and 201 IPC, for allegedly murdering one Fakiria, Whether reporters of the local papers may be allowed to see the judgment? resident of village Bagpath, Tehsil Chachhroli, District Yamunanagar, and destroying the evidence of the offence of murder. The accusation was based on circumstantial evidence.

(3.) PW -17 Inspector Gurdial Singh rushed to the spot. He recorded the statement of Ajay Chuahan, Ex. PW-1.A, under Section 154 of the Code of Criminal Procedure and sent the same to the Police Station for formal registration of the case. He took photographs of the dead body and the scene, which are Ex. P-9 and Ex. P-10. He conducted inquest and prepared reports Ex. PW-17/B and Ex. PW- 17/C. The dead body lay supine. A blood stained shirt Ex. P-1 was found lying near the head of the dead body. Some burnt pieces of a gunny bag were also found on the dead body, which are Ex. P-2. The shirt and the pieces of the gunny bag were taken into possession. A pair of shoes, Ex. P-3 and Ex. P-4, was also found lying near the Takhatposh on which the dead body lay. The same were taken into possession. Dead body was sent for postmortem examination. Initially, the autopsy was conducted at Civil Hospital, Paonta Sahib by PW-8 Dr. S.M Ali. Following injuries were found on the dead body: