ASHOK KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) I have the privilege to go through the judgement authored by my senior colleague. I have also gone through the complete records of the case as well as the impugned judgement passed by learned Additional Sessions Judge, Ghumarwin, Camp at Bilaspur. In addition thereto, I perused the synopsis submitted by Shri Prashant Sharma and Ajit Sharma, Advocates and settled by Sr. Advocate Rajiv Jiwan, Advocate.

(2.) As far as Cr. Appeal No. 135 of 2011, titled as Ashok Kumar vs. State of H.P. is concerned, this appeal is filed by convict Ashok Kumar against his conviction under Section 307 of the Indian Penal Code, whereby he was sentenced to undergo rigorous imprisonment for four years and to pay fine of INR 5000/- and in default of payment of fine he was sentenced to further undergo simple imprisonment for six months. So far as, Cr. Appeal No. 273 of 2011 titled as State of H.P. vs. Ashok Kumar is concerned, the State is aggrieved on sentence part and hence filed appeal under Section 377 of the Cr.P.C. for enhancement of sentence against accused/convict Ashok Kumar. Whereas Cr. Appeal No. 402 of 2011 titled as State of Himachal Pradesh vs. Sohan Lal and another is concerned, the same is field by the State against the acquittal pronounced in favour of accused Sohan Lal and Leela Devi.

(3.) So far as conclusion in these two appeals i.e. Cr. Appeal 135 of 2011 and Cr. Appeal No. 273 of 2011 is concerned, I concur with my senior colleague and in my considered opinion, there is sufficient evidence proved on record to establish the guilt of accused Ashok Kumar, be it by taking recourse to his right of private defence or by non-discharging the burden upon him under Section 106 of the Indian Evidence Act.