LAWS(HPH)-2019-4-8

AMAR BAHADUR Vs. STATE OF HIMACHAL PRADESH

Decided On April 02, 2019
AMAR BAHADUR Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) The present appeal is maintained by the appellant/accused/convict (hereinafter referred to as "the accused"), laying challenge to judgment dated 02.05.2016, passed by learned Additional Sessions Judge (II), Shimla, H.P., in Sessions Trial No. 40-S/7 of 2014, whereby the accused was convicted and sentenced for the commission of offence punishable under Section 302 of Indian Penal Code, 1860 (for short "IPC").

(2.) The factual matrix of the case, as per the prosecution, can tersely be summarized as under:

(3.) The prosecution, in order to prove its case, examined eighteen witnesses. On the closure of prosecution evidence, the statement of the accused was recorded under Section 313 of the Code of Criminal Procedure, wherein he pleaded not guilty and claimed trial. However, in defence, the accused did not examine any witness.