RAM KUMAR AND KARAM BIR Vs. STATE

JUDGEMENT

(1.) Karambir Singh son of Balhir Singh aged about 20, years and Ram Kumar son of Chhotu aged about 17-112 years (ago found by the Additional Sessions Judge to be 18 years as on 9th May 1980 on the basis of the medical report) residence of village Tajpur were tried on the charges under sections 376 and 302 of the Indian Penal Code in the Court of Shri G. S. Dakha, Additional Sessions Judge. The charges against them were that on the night of 28th-29th April 1980 at about 10 p.m. they had in the house of Tara Chand raped Kumari Kamlesh, daughter of Tara Chand, and thereafter murdered her. The Additional Sessions Judge found both the accused guilty of the offences charged with and sentenced each one of them to life imprisonment on the charge under section 302 of the Indian Penal Code and to rigorous imprisonment for 7 years on the charge under section 376 of the Indian Penal Code. Dis- satisfied with their convictions and sentences both the accused have come in appeal. The complainant Tara Cho.nd 1m filed a petition for enhancement of the sentence to death. This judgment shall dispose of both the appeal and the revision petition.

(2.) The motive for the crime alleged is previous enmity bet- ween the family of Karambir accused and Tora Chand ('father 482 of the deceased Kamlesh). A short pedigree table will be useful in understanding the relationship and the alleged motive : <FRM>JUDGEMENT_480_ILR(DEL)2_1987Html1.htm</FRM>

(3.) The prosecution case is that some 5 or 6 years before the occurrence Vedo had transferred her land to Tara Chand without any consideration and this became the bone of contention between the two families resulting in inimical relations.