Jyotsna Rewal Dua, J. - (1.)Appellants-Accused Prem Bahadur and Dalip Punmagar (hereinafter referred to as "accused persons"), have preferred this appeal against the judgment dated 21.01.2017, passed by learned Additional Sessions Judge (CBI), Shimla, Camp at Theog, in Sessions Trial No.22-T/7 of 2013, titled State of Himachal Pradesh versus Prem Bahadur & Another, whereby both the accused persons were convicted of the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for life, alongwith fine of Rs.50,000/- each. In default of payment of fine, both the accused persons are to further undergo simple imprisonment for one year, in addition to the life imprisonment.
(2.)Prosecution Case:
The prosecution case, in a nut shell, is as under:-

2(i) On 27.02.2013, one Shri Paras Ram, alongwith Harka Bahadur (both Nepalies), purchased a few daily needs articles from the shop of one Kundan Singh (PW-5), at Village Prem Nagar, Tehsil & Police Station, Kotkhai, District Shimla, at about 05.00 p.m. After purchasing the articles, both of them went towards Chander Nagar. The appellants/accused persons Prem Bahadur & Dalip Punmagar and one Kesar Bahadur (Khisar), came to the shop of Kundan Singh (PW-5). They also purchased a few daily needs articles and went towards Chander Nagar.

2(ii). On 28.02.2013, at around 08.45 a.m., dead body of deceased Paras Ram was recovered lying on the road leading to Village Bhojnagar, near Chander Nagar.

2(iii). On the statement of the complainant Shri Jawahar Lal (PW-1), recorded under Section 154 Cr.P.C. (under whom deceased Paras Ram used to work), FIR No.10/2013, dated 28.02.2013, under Sections 302 and 323 IPC read with Section 34 IPC, was registered at Police Station, Kotkhai, District Shimla, H.P. Shri Harka Bahadur, the companion of deceased Paras Ram, was also involved during investigation. His statement recorded on 04.03.2013 under Section 161 Cr.P.C., is to the effect that all five Nepalies ( Prem Bahadur, Dalip Punmagar (both the accused persons), he himself (Harka Bahadur), Kesar Bahadur (Khisar) and deceased Paras Ram) in the late hours of 27.02.2013, were consuming liquor near Bhojnagar when a fight ensued amongst them all. They all fought with kicks and fist blows. Accused were beating him and deceased Paras Ram. Shri Khisar immediately went away. He (Sh. Harka Bahadur) fell down and because of alleged severe injuries, caused by accused persons, could regain senses only after around two hours. He reached out for Paras Ram (deceased). Finding no response, he presumed that Paras Ram had left for his home. Whereafter, he also left. He further stated that next day, police informed him about death of Paras Ram. He held accused persons responsible for the alleged murder of Paras Ram.

(3.)Both the accused were charged with commission of crime punishable under Section 302 read with Section 34 of the Indian Penal Code for committing murder of deceased Paras Ram (Nepali) as well as with the offence punishable under Section 323 read with Section 34 of the Indian Penal Code for causing injuries to Harka Bahadur. Both the accused persons pleaded not guilty and claimed trial.