RAM PARSHAD Vs. STATE

JUDGEMENT

(1.) Shri G. S. Dakha Additional Sessions Judge Delhi by his judgment under appeal found the appellants guilty under Section 392/34 Indian Penal Code and sentenced them to undergo R.I. for life. Appellant Ram Parshad was also ordered to pay a sum of Rs. 5.000.00 as fine and in default thereof he was required to undergo a further R.I. for two years. This appeal has been directed against this judgment.

(2.) We may at the very outset point out that one of the appellants, Ram Kumar is stated to have died after the conviction and during pendency of this appeal. We are, therefore, left to deal with the case of appellant Ram Parshad alone.

(3.) At this stage we may give a brief resume of the events that led to the commission of the crime. The accused Ram Parshad at the time of the occurrence was employed in the custom department drawing a salary of Rs.400.00 . The deceased, in the case is one Kaptan. The houses of the parties are separated by a common wall and Smt. Hukam Kaur, wife of Kaptan deceased used to paste cow dung cakes on this wall. The appellants Ram Parshad and Ram Kumar (now dead) used to raise objections in this regard as a result of which there was some strain in the relation of the parties.