RADHEY SHAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant Radhey Sham, his brother Appellant Nanku Parsad and his nephew Appellant Akhlesh Kumar were tried by the Additional Sessions Judge, Jalandhar, under Section 302 and Section 302 read with Section 34 of the Indian Penal Code (hereinafter referred to as the Code'). Vide judgment of conviction dated 11.12.2001 passed by the learned trial Judge, Appellant Radhey Sham was convicted under Section 302 of the Cod whereas Appellants Nanku Parsad and Akhlesh Kumar were convicted under Section 302 read with Section 34 of the Code. As per sentence order of the even date, all the three Appellants were sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 5,000/-, each, in default whereof to undergo further rigorous imprisonment for six months for the aforesaid offence.

(2.) The instant case was registered on the basis of statement (Exhibit P.H) made by complainant Chandrika Parshad before the police.

(3.) Complainant Chandrika Parshad, his wife De-pawali and cousin brother Lal Bahadur Mishra (deceased) were residing on rent in the factory premises of Jagdish Bhatara. The accused- Appellants were also residing in the same complex near the house of the complainant.