V.D.MISRA,C.J. - (1.)This judgment will dispose of criminal appeals Nos. 66 and 67 of 1979 since they arise out of one judgment.
(2.)The appeals are directed against the judgment of Shri D. P. Sood, Additional Sessions Judge, Kangra Division at Dharamsala, convicting the appellants under Sections 302/34 and 397 of the Indian Penal Code and sentencing each appellant to imprisonment for life under the first count and for seven years rigorous imprisonment under the second count. Both the appellants have also been fined Rs. 200 each under the first count.
(3.)This is a case of circumstantial evidence. The only circumstantial evidence against Bhagwan Singh appellant consists of a piece of cloth Ex. P -8 belonging to his bush -shirt and recovered from the place of incident, an inland letter Ex. P -13 recovered from his personal search, and recovery of knife Ex. P -10. The only circumstantial evidence against Bir Singh appellant is stated to be the recovery of knife Ex. P -l 1 at his instance. And now to the facts.
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