KUSHAL BHARDWAJ Vs. STATE OF H.P.

JUDGEMENT

(1.) S /Shri Khushal Bhardwaj, Naginder Sharma, Jagdish Thakur, Prem Negi, Dalip Kaisth, Tikender Singh and Vidya Sagar, hereafter to be referred as the accused, were tried in Session Trial No. 6 -S/7 of 1997/95 and acquitted of the offence of murder of Kuldip Dadhwalia punishable under Section 302, 149 and 148 of the Indian Penal Code and except Dalip Kaisth who stood acquitted all others were convicted under Section 307, 149 and 148 of Indian Penal Code for the attempt to commit murder of Ajay Kaushal (PW1) and each of them were sentenced as under:

(2.) FEELING aggrieved and dissatisfied by their conviction, accused -appellants in Criminal Appeal No. 125 of 1997, have assailed their conviction and sentence, passed by learned trial Court, whereas, the State in Criminal Appeal No. 21 of 1998 has challenged the acquittal of the appellants as well as that of Dalip Kaisth on the ground that the learned trial Court did not appreciate the evidence on record in its right perspective, which has caused the miscarriage of justice.

(3.) ON 20.5.1995 in the morning at 10.00 a.m., the complainant party noticed that in the rain shelter of the University, the words ABVP Welcomes - were written, which were rubbed out and replaced by the words S.F.I. Welcomes -.