DHARMA PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) - There are eight appellants in this appeal. They along with two others were tried by the Additional Sessions Judge, Jullundur under S. 302 read with S. 149 IPC and allied offences. The trial Court, however, acquitted original accused No. I Baldev Raj and Hari Kishan, A-8 and another of all the offences. The accused Jagdish Kumar and Gulshan Kumar were convicted under Ss. 324 and 323 IPC and were released on probation for a period of one year. Tej Bhan and Hukum Chand were convicted under S. 325 and were sentenced to five years' rigorous imprisonment. Accused Dharam Pal and Wazir Chand were convicted under S. 307 IPC and sentenced to five years' rigorous imprisonment. All the convicted accused preferred an appeal and State also preferred an appeal against the acquittal of Baldev Raj. The High Court confirmed the conviction of Dharam. Pal and Wazir Chand under S. 307 and the sentence awarded thereunder. The conviction of Hukum Chand and Tej Bhan under S. 325 IPC was set aside and altered to one under S. 323 IPC and they were sentenced to one year's rigorous imprisonment.

(2.) The High Court, however, allowed the appeal of State against Baldev Raj and convicted him under S. 324 IPC and sentenced him to undergo rigorous imprisonment for one year. Hence this appeal by all the eight convicted accused.

(3.) The occurrence is said to have been taken place in the month of July, 1974. A number of injured persons from the complainant side were examined and from the record, it appears that a number of accused persons also received injuries. One Sant Lal died on the next day. Both the courts below did not convict any of the accused persons for the offence of murder. On that ground, no case is made out that they were responsible for the death.