KAMLA NAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present appeal is maintained by the appellant/accused/convict (hereinafter referred to as "the accused"), laying challenge to judgment dated 24.2.2011, passed by learned Additional Sessions Judge, Fast Track Court, Shimla, H.P., in Sessions Trial No.16-S/7 of 2010, whereby the accused was convicted for the commission of the offence punishable under Sec. 302 of the Indian Penal Code and Sec. 27 of the Arms Act and sentenced as under:- Offence Sentence Under Sec. 302 Penal Code Sentenced to imprisonment for life and fine of Rs. 10,000.00; Under Sec. 27 of Arms Act Sentenced to simple imprisonment for a period of three years and to pay fine of Rs. 10,000.00. Both the substantive sentences shall run concurrently.

(2.) The key facts necessary for adjudication of this appeal can tersely be summarized as under:

(3.) The prosecution, in order to prove its case, examined as many as twenty one witnesses. Statement of the accused was recorded under Sec. 313 of the Code of Criminal Procedure, wherein he pleaded not guilty.