DHEERAJ VERMA Vs. STATE OF H.P.

JUDGEMENT

(1.) THE challenge in this appeal is to the judgment of conviction and sentence under Section 302 read with Section 34 of the Indian Penal Code, passed in S.T. No. 55 of 2003 on 30.12.2005 by the learned Sessions Judge, Chamba, allegedly for causing two murders one of Smt. Kamini Verma @ Doli and another of her maternal uncle Rakesh Kumar on 28.7.2003, by gun shots by appellant Dheeraj Verma who was accompanied by his brother Deepak Verma. The appellants were sentenced as follows : - Under Section 304 read with Section 34 IPC Life imprisonment and fine of Rs. 25,000/ - each; in default of payment of fine simple imprisonment for a further period of 2 years each. Under Section 323 read with section 34 IPC Simple imprisonment for six months and fine of Rs. 1000/ - each; in default of payment of fine simple imprisonment for a further period of one month each. Under Section 27 of the Indian Arms Act Rigorous imprisonment for a period of two years each.

(2.) IN short, the prosecution story as emerges from the evidence on record can be stated thus. PW -2 Arun Kumar Verma a Goldsmith, has his shop in Post Office Chowk at Chamba. He had one daughter, named Kamini Verma @ Doli (deceased) and has a son Deepak Kumar (PW1). Arun Kumar aforesaid was residing with family in Mohalla Sultanpur in Chamba town. The appellant Dheeraj Verma hereinafter referred to as ˜A -1 and appellant Deepak as ˜A -2. were the residents of Gurdaspur (Punjab). Their father Shyam Lal was also a Goldsmith doing his business at Chamba and was residing in the tenanted premises of Arun Kumar Verma (PW2), with the accused persons. A -2 had been teaching Kamini Verma and Deepak Kumar (PW1), prior to the marriage of Kamini Verma.

(3.) AFTER obtaining reports of the Forensic Science Laboratory and on completion of the challan by the police, it was presented in the court and the accused persons were put on trial.