Sunil Kumar VS State of H. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

TARLOK SINGH CHAUHAN, SATYEN VAIDYA
Sunil Kumar – Appellant
Versus
State of H. P. – Respondent

Counsel for the Parties:
For the Appellant:Mr. Karan Kapoor, Advocate.
For the Respondent:Mr. Navlesh Verma, Ms. Sharmila Patial, Additional Advocates General and Mr. J.S. Guleria, Dy. A.G.

JUDGMENT

Satyen Vaidya, J.—By way of instant appeal, the appellant has assailed judgment dated 11.01.2018 and sentence order dated 16.01.2018 passed by learned Additional Sessions JudgeI, Solan, District Solan, H.P. in Sessions Trial No.14NL/7 of 2013, whereby the appellant has been convicted for commission of offence punishable under Section 302 of the IPC and has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.25,000/. In case of failure to pay fine amount, the appellant has further been ordered to undergo rigorous imprisonment for two years.

2. The prosecution case in brief was that on 20.04. 2013 at about 1.30 P.M., Madho Ram Mehta (PW1), President Gram Panchayat Madhala, noticed a human dead body lying in a rivulet at place Sansiwala within the jurisdiction of Police Station Baddi, District Solan, H.P. PW1 was also accompanied by another person named Ram Niranjan at the relevant time. He telephonically informed Police Station Baddi. Police arrived at the spot and found an unidentified dead body between the stones/boulders in the bed of rivulet. Injuries were found on the back and front side of the head of the body, which appeared to have be