HEM RAJ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants have preferred this appeal under Section 379 of the Code of Criminal Procedure read with Section 2(a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 impugning the judgment and order of the High Court for the States of Punjab and Haryana at Chandigarh in Criminal Appeal No. 302-dba of 1993 whereby the High Court reversed the judgment of acquittal recorded by the Additional Sessions Judge, Ludhiana in Sessions Case No. 92 of 1992.

(2.) The High Court has found Hem Raj, A-1, guilty of an offence under Section 302, IPC while Gian Chand, A-2 and Baldev Raj, A-3 have been found guilty under Section 302 read with Section 34, IPC. All of them have been sentenced to undergo life imprisonment. All the appellants have been found guilty of the offence under Sections 323/34 and 324/34, IPC for which they have been sentenced to six months and one year imprisonments respectively. All the accused were also charged of the offence under Section 120-B, IPC and have been acquitted of that charge both by the trial Court as well as by the High Court. Apart from the three appellants, who have been convicted by the High Court, the acquittal of Hans Raj, A-4 was affirmed by the High Court. Hem Raj, A-1 and Gian Chand, A-2 are the appellants in this appeal. Baldev Raj, A-3, though convicted, has not preferred an appeal.

(3.) It is not in dispute, that Hem Raj, A-1, Baldev Raj, A-3 and Hans Raj, A-4 are brothers. Gian Chand, A-2 is their brother-in-law being the husband of their sister. In the occurrence giving rise to this appeal one Rajesh alias Toni is alleged to have been killed by the appellants while PW-2, Parshotam Lal and PW-3, Bikram alias Vicky are said to have sustained injuries.