LAWS(SC)-1972-11-10

TEK CHAND Vs. STATE OF HARYANA

Decided On November 25, 1972
TEK CHAND Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) This appeal by special leave is filed by Tek Chand and his son Ramesh Kumar against their conviction and sentence by the High Court of Punjab and Haryana. They have been convicted under Section 302 r/w 34-IPC and sentenced to imprisonment for life on the first count. Tek Chand is also convicted under Section 307-IPC and sentenced to 6 years' rigorous imprisonment. Ramesh Kumar is similarly convicted and sentenced under Section 307 r/w S.34 I.P.C.

(2.) Fourteen persons were charged before the learned Sessions Judge, Karnal for offences under Section 148, 302, 307, 352, 436 also r/w. Section 149 IPC. They were all convicted under Section 148 and 307 r/w.149-IPC. One of the accused named Antu was convicted under S.302-IPC and sentenced to death. The rest were convicted under Section 302 r/w 149-IPC and sentenced to imprisonment for life. All accused went in appeal to the High Court. The case of Antu was also referred to it for the confirmation of the death sentence. The High Court disbelieved the story of an unlawful assembly and acquitted all the accused of the offence under Section 148-IPC. The death sentence on Antu was confirmed. The present appellants Tek Chand and Ramesh Kumar were convicted under Section 302 r/w 34-IPC. Tek Chand was further convicted under Sec. 307 and Ramesh Kumar under Section 307 r/w 34-IPC. The remaining 11 accused were acquitted.

(3.) Antu came to this Court by special leave in Criminal Appeal No. 81 of 1970 and this Court on a consideration of the facts allowed his appeal and acquitted him on 18-12-1970. The present appeal by special leave is by the other two prisoners namely Tek Chand and Ramesh Kumar against their conviction and sentence.