eng
competition

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High Court Order

created Apr 13th 2019, 14:31 by meghasoni


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500 words
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18. On conclusion of the
investigation, the I.O. submitted chargesheet
against 6 persons including the
appellants. The case being exclusively
triable by the court of Sessions, was
committed to it where charges under
sections 364, 302 read with Section 34
and 201 of I.P.C. were framed against the
appellants. Charge under Section 201 was
framed against accused Raj Kumar and
Kailash for aiding the appellants in
concealing the dead body. All the accused
persons denied the charges and claimed
their trial.
19. During trial, the prosecution, in
order to prove its case examined 13
witnesses in all. Apart from it, 68
documents (Ex. 1 to 68) and 132 articles
(material Ex. 1 to 132) were also
produced in Court by the prosecution in
support of oral testimony of the witnesses.
20. After conclusion of prosecution
evidence the statements of
accused/appellants under Section 313
Cr.P.C. were recorded in which the
appellants admitted the fact that Vikas
Sharma was working as typist at Tehsil
Court Jansath where the informant
Pradeep Kumar Garg used to practice as
an advocate. They also admitted that the
samples of their hairs and finger prints
were taken before CJM but all of them
denied the remaining allegations and
counter allegations and alleged their false
implication by the police. All of them also
alleged that the police forcibly compelled
them to confess their guilt.
21. In their defence, the appellants
produced one defence witness Vinay
Kumar as DW-1. As documentary
evidence photocopy of Newspaper "Royal
Bulletin" dated 29.11.2003 and photocopy
of newspaper "Amra Ujala" dated
29.11.2003 was produced by them
challenging the date and time of their
arrest and recovery at their instance as
doubtful. Apart from the above mentioned
documents photo copies of some letters of
police officers and original receipt of
registered letters sent to Human Rights
Commission were also filed by the
appellants.
22. The learned court below, after a
detailed appreciation of evidence,
adduced by both sides, found the
prosecution case reliable and worthy of
credit. Accordingly it held all the
appellants guilty and convicted them
under Section 302/34, 364 and 201 of
I.P.C. The appellants were awarded death
sentence alongwith fine of Rs. 20,000/-
for their conviction under Section 302/34.
The sentence of life imprisonment and
fine of Rs. 10,000/- under Section 364
I.P.C., in default of fine two years
additional R.I. and 7 years R.I. with fine
of Rs. 10,000/- under Section 201 and in
default of fine 1 year additional R.I. was
awarded to all the appellants.
23. Being aggrieved by their
conviction and sentence the appellants are
before us, challenging the legality and
correctness of the judgment and praying
for their acquittal.
24. The points for determination in
this appeal are : -
(a) As the instant case rests on
circumstantial evidence whether all the
circumstances have been fully proved and
established by the prosecution in such a way
so as to form a complete chain pointing
only towards the guilt of appellants and
towards no other hypothesis ?
 

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