DIWAN CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The above noted two appeals, which have arisen against the judgment dated 16.8.1997, of the learned Sessions Judge, Bilaspur, in Sessions Trial No. 10 of 1990. are being disposed of together by this single judgment.

(2.) Diwan Chand, Appellant, in Criminal Appeal No. 423 of 1997 and Respondent in Criminal Appeal No. 265 of 1998, hereinafter referred to as the accused stands convicted by the learned Sessions Judge for the offence under Section 302, Indian Penal Code for having committed the murder of Shri M.L. Nahar, the then Additional District Magistrate, Bilaspur. Upon such conviction, he has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/-. In default of payment of fine, he has been sentenced to undergo rigorous imprisonment for a period of two- years.

(3.) Criminal Appeal No. 423 of 1997 has been preferred by the accused assailing the conviction and sentence as imposed upon him by the learned Sessions Judge. While Criminal Appeal No. 265 of 1998 has been filed by the State cf Himachal Pradesh under Section 377, Code of Criminal Procedure, seeking the enhancement of the sentence from life imprisonment to capital punishment.