AMIR CHAND KAUSHAL Vs. UNION TERRITORY ADMN.

JUDGEMENT

(1.) Charge framed against the three accused named Amir Chand Kaushal (Guru) and his two disciples i.e. Baldev Singh and his wife Smt. Daljit Kaur under Section 302 read with Section 120-B of the Indian Penal Code reads:

(2.) Vide its judgment dated June 6, 1989, learned trial court acquitted Smt. Daljit Kaur. Without any charge under Section 201 of the Indian Penal Code against him, Baldev Singh accused was convicted of the commission of the offence aforesaid and awarded rigorous imprisonment for a period of three years and a fine of Rs. 500/- for his conviction under Section 201 of the Indian Penal Code. In default of payment of fine accused Baldev Singh was ordered to undergo rigorous imprisonment for a further period of six months. Third accused Amir Chand Kaushal was convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay Rs. 1000/- as fine. In default of payment of fine convicted accused aforesaid was ordered to undergo rigorous imprisonment for a further period of six months. Feeling aggrieved therefrom, both the convicted accused have individually filed separate criminal appeals to assail their conviction and sentence. Appeal filed by Amir Chand Kaushal bears No. 252-DB of 1989 and the one filed by Baldev Singh bears No. 273-DB of 1989. Since both these appeals arise out of the same judgment and involve common questions of lasv and fact for determination, the same have been heard and are being disposed of together.

(3.) We have heard Shri U.D. Gaur, Advocate with Mr. Sunil Gaur Advocate for the appellants, Shri R.S. Rai, Advocate, for the Union Territory Administration, Chandigarh and have perused the relevant record very carefully.