VIPAN KUMAR AND ORS. Vs. THE STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) IN the Jail appeal (Cr. Appeal No. 660 of 2008) filed under Section 374 Cr.P.C., convict Vipan Kumar has assailed the judgment dated 30.08.3008, passed by Presiding Officer/Additional Sessions Judge, Fast Track Court, Hamirpur (H.P)., in Sessions Trial No. 2 of 2008, titled as State Versus Vipan Kumar & another, whereby he stands convicted for having committed offences punishable under the provisions of Sections 302 and 201/34 of the Indian Penal Code and accused Jagat Ram stands convicted for having committed offence punishable under the provisions of Section 201 read with Section 34 IPC. Convict Vipan Kumar stands sentenced to serve rigorous imprisonment for life and pay fine in the sum of Rs. 10,000/ -, under the provisions of Section 302 IPC and in default thereof, to further undergo rigorous imprisonment for a period of one year. He is further sentenced to undergo rigorous imprisonment for a period of three years and pay fine of Rs. 5000/ -, for commission of offences punishable under the provisions of Section 201/34 IPC and in default thereof, to further undergo rigorous imprisonment for a period of six months. Whereas, convict Jagat Ram is sentenced to undergo rigorous imprisonment for three years and pay fine of Rs. 5000/ -, under the provisions of Section 201 read with Section 34 IPC and in default thereof, to further undergo rigorous imprisonment for a period of six months.

(2.) ALSO , assailing the aforesaid judgment, State has filed Cr. Appeal No. 757 of 2008, under the provisions of Section 378 of the Code of Criminal Procedure, 1973, against the judgment of acquittal of accused Jagat Ram, for offence under the provisions of Section 302 IPC.

(3.) WHEN arrested, Vipan Kumar made a disclosure statement (Ex. PW.7/A) to the effect that he could get recovered the weapon of offence and blood stained mattress, which he had concealed. Such statement was recorded in the presence of Dina Nath (PW.7) and Angat Ram (not examined). He also got recovered weapon of offence i.e. Kamani -Patta (spring leaf) (Ex. P -98) vide memo (Ex. PW.7/C) and mattress (Ex. P -100) vide memo (Ex. PW.7/D). Police also took into possession Karchhi (Ex. P -26) used by accused Vipan Kumar to break open the window vide recovery memo (Ex. PW.1/P). Chappals (Ex. P -27) of the deceased, so found in the room of Vipan Kumar, were recovered vide memo (Ex. PW.1/Q). Seized articles were sent for forensic analysis and report of FSL, Junga (Ex. PW.19/A) taken on record.