LAWS(SC)-2020-9-37

ANWAR ALI AND ANOTHER Vs. STATE OF HIMACHAL PRADESH

Decided On September 25, 2020
Anwar Ali And Another Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 20.09.2016 passed by the High Court of Himachal Pradesh in Criminal Appeal No. 464 of 2012, by which the High Court has allowed the said appeal preferred by the respondent - The State of Himachal Pradesh and has reversed the judgment and order of acquittal passed by the learned trial Court and consequently has convicted the appellants - original accused for the offences punishable under Sections 302 read with 34, 392, 201 and 420, IPC and has sentenced the appellants herein - original accused to undergo life imprisonment for the offences punishable under Section 302 read with 34, IPC, the appellants - original accused have preferred the present appeal.

(2.) That the appellants herein - original accused were charged for the offences punishable under Sections 302 read with 34, 392, 420 and 201, IPC for having committed the murder of one Deepak. That the dead body of the deceased was found on 2.9.2010 near bypass Bihali Road, Chandigarh. That the dead body was seen by one Jashwinder Singh, PW4, who informed the police station, Bhunter. On receiving such information, the police came on the spot; recorded the statement of PW4; prepared Rukka and sent the same through Constable Pushparaj, PW2 to police station, Bhunter. FIR was registered by Head Constable Tara Chand. That the dead body was identified by the father of the deceased. The investigating officer, PW18 conducted the investigation. The dead body was sent for post mortem.

(3.) Learned counsel appearing on behalf of the appellants-accused has made the following submissions: