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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, RAKESH KAINTHLA
State of Himachal Pradesh – Appellant
Versus
Chander Sharma – Respondent
| Table of Content |
|---|
| 1. death reference and appeal introduction. (Para 1 , 2 , 3) |
| 2. ransom demands and police actions. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. narco tests and investigations. (Para 10 , 11 , 12 , 13) |
| 4. arrests, searches, and recoveries. (Para 14 , 15 , 16 , 17 , 18) |
| 5. prosecution case and witnesses. (Para 19 , 20 , 21) |
| 6. defence arguments and submissions. (Para 22 , 25 , 26 , 27 , 28) |
| 7. trial court findings and law. (Para 23 , 24 , 29) |
| 8. circumstantial evidence principles. (Para 31 , 32 , 33 , 34) |
| 9. residence and financial facts proved. (Para 36) |
JUDGMENT :
Rakesh Kainthla, J.
The learned Sessions Judge, Shimla (learned Trial Court) has made the present death reference.
2. The appellants (accused before the learned Trial Court) have also filed a separate appeal. Since the death reference and the appeal have arisen from the common judgment and proceedings; hence, both matters are being taken up together for convenience. (The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)
3. Briefly stated, the facts giving rise to the present appeal and death reference are that the police presented a challan against the
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Confessions made voluntarily and without pressure under Section 164 of Cr.P.C. are admissible as evidence.
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