LAWS(HPH)-2019-7-80

PREM BAHADUR Vs. STATE OF HIMACHAL PRADESH

Decided On July 11, 2019
PREM BAHADUR Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) Appellants-Accused Prem Bahadur and Dalip Punmagar (hereinafter referred to as "accused persons"), have preferred this appeal against the judgment dated 21.01.2017, passed by learned Additional Sessions Judge (CBI), Shimla, Camp at Theog, in Sessions Trial No.22-T/7 of 2013, titled State of Himachal Pradesh versus Prem Bahadur & Another, whereby both the accused persons were convicted of the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for life, alongwith fine of Rs.50,000/- each. In default of payment of fine, both the accused persons are to further undergo simple imprisonment for one year, in addition to the life imprisonment.

(2.) Prosecution Case:

(3.) Both the accused were charged with commission of crime punishable under Section 302 read with Section 34 of the Indian Penal Code for committing murder of deceased Paras Ram (Nepali) as well as with the offence punishable under Section 323 read with Section 34 of the Indian Penal Code for causing injuries to Harka Bahadur. Both the accused persons pleaded not guilty and claimed trial.