The evidence from hostile witnesses can be accepted if it supports the prosecution's case; the prosecution proved the accused's guilt beyond a reasonable doubt based on witness testimonies and material evidence.

Sushil Kukreja, J.

1. The instant appeal has been preferred by the appellant/accused/convict under Section 374(2) of the Code of Criminal Procedure against the impugned judgment dated 12.12.2018 and order of sentence dated 15.12.2018, passed by learned Additional Sessions Judge-I, Shimla, Camp at Rohru, H.P., in Sessions Trial No. 6-R/7 of 2017, whereby the accused (appellant herein) was convicted for the commission of the offence punishable under Section 302 of the INDIAN PENAL CODE (for short Whether reporters of Local Papers may be allowed to see the judgment? “IPC”).

2. The facts giving rise to the present appeal, as per the prosecution story, can be summarized as under: On 19.02.2017, around 02:15 p.m., police of Police Station Rohru was telephonically informed by Shri Pritam Singh that accused Krishan Chand committed murder of his mother, Smt. Kagal Devi (the deceased). In sequel to the above telephonic information, police personnel reached village Khashkandi, where they found the dead body of the deceased lying in her courtyard in pool of blood. On the spot police effected relevant recoveries, i.e., broken tooth, bangles, weapon of offence kutru/digging instrument, cap of the accused etc. The accused was caught by the local residents on the spot. Police recorded the statement of Shri Aman Chauhan (the complainant) under Section 154 Cr.P.C., who stated that the accused caused hurt to his mother and he alongwith Pritam Singh, Kapil Chauhan and other residents of the village apprehended him. During the course of the investigation, police videographed and photographed the spot of occurrence, spot map was prepared and the statements of the witnesses were recorded. The scientific samples collected from the spot of occurrence were taken into possession after sealing the same. The blood samples of the deceased and the weapon of the offence, i.e., kutru were lifted from the place of occurrence and taken into possession. The accused was arrested on the spot. Post mortem examination on the corpse of the deceased was got conducted and it was opined that the deceased had died as a result of antemortem head injuries leading to cardiorespiratory arrest and death instantaneous. FIR under the apt Sections of IPC was registered against the accused and after completion of the investigation, police presented the charge-sheet before the learned Trial Court.

3. The prosecution, in order to prove its case, examined fifteen witnesses. Statement of the accused under Section 313 Cr.P.C. was recorded, wherein he pleaded his innocence.. The accused examined one witness in his defense.

4. The learned Trial Court, vide impugned judgment dated 12.12.2018 convicted the accused for the offence punishable under Sections 302 IPC and vide order of sentence dated 15.12.2018 the accused/convict was ordered to undergo rigorous imprisonment for life and to pay fine of Rs.50,000/- and in default of payment of fine, the convict was further ordered to undergo simple imprisonment for one year under Section 302 IPC, hence the instant appeal preferred by the accused/convict.

5. The learned Counsel for the appellant contended that none of the prosecution witnesses have supported the prosecution case and the Trial Court has failed to appreciate the evidence. As per the learned counsel for the appellant, there is no direct evidence connecting the accused with the alleged offence and the motive to kill the deceased has also not been proved. He further contended that the accused was Class-IV employee, getting monthly salary of more than Rs.25,000/-, his wife was serving as teacher in a private school and his mother (deceased) was getting pensi