BHAGWAN DASS Vs. STATE

JUDGEMENT

(1.) By his judgment passed on January 31, 1977. Shri B.B. Gupta, Additional Sessions Judge Delhi, has convicted Bhagwan Dass, 0m Parkash and Beerum, appellants, in Criminal Appeal Nos. 102 125 and 246 of 1977, respectively, for an offence under Section 302, read with Section 34 of the Indian Penal Code, for having murdered 0m Parkash on August 4, 1976, and sentenced each one of them to undergo imprisonment for life.

(2.) As the facts and the questions of law involved are the same, the above three appeals are being disposed of by this common judgment.

(3.) About a month and a half prior to the incident, the deceased, 0m Parkash son of Nimbu Ram, had been convicted for an offence under Section 307, Indian Penal Code, for having injured two of the appellants, namely, Bhagwan Dass and 0m Parkash, who are brothers, by the Court of Session. During the pendency of his appeal challenging his conviction and sentence in that case, he was bailed out by this Court. According to the prosecution, the motive for murdering 0m Parkash by the two brothers and their kin Beerum, appellant herein, was to take revenge for the earlier incident.