VIJAY KUMAR @ VIJU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is an accused in FIR No. 147/14 registered against him and his co-accused namely, Krishna Devi, Kamla Devi and one Sant Ram under Sections 302, 212 and 120-B of the Indian Penal Code, with the allegations that they all hatched conspiracy and as a result thereof accused-petitioner has murdered one Ajay Kumar during the night intervening 11/12.11.2014 at village Khakhrola, Tehsil Rampur, District Shimla, H.P.

(2.) The trial of this case is in progress. The statements of material prosecution witnesses have since been recorded. The formal witnesses including the doctor(s) are left to be examined.

(3.) Having gone through the record of this case and also the evidence recorded by learned trial Court, at this stage, there is no direct evidence to show that it is the accused-petitioner who has murdered deceased Ajay Kumar. The present rather is a case of circumstantial evidence. The material prosecution witnesses are Balwant Singh PW-1 and Med Ram PW-2.