RAJAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment shall dispose of criminal appeal No. 743-DB of 2002 filed by the accused- appellant Rajan as well as Criminal Revision No.841 of 2003 filed by Darshana Devi against the acquittal of the accused Kanshi Ram and Zile Singh.

(2.) Three accused namely Rajan, Zile Singh both sons of Kanshi Ram and their father Kanshi Ram were tried for the offence under Sections 302/506/34 IPC for killing Jai Chand (the other son of Kanshi Ram). Consequently, the trial court vide judgment dated 28.9.2002 while extending benefit of doubt to Kanshi Ram and Zile Singh, convicted Rajan accused- appellant (herein referred as, 'the accused') and sentenced him to undergo rigorous imprisonment for life and to pay fine of Rs. 1.05 lacs and in default of payment of fine, to further undergo rigorous imprisonment for three years.

(3.) Kanshi Ram had three sons namely Rajan, Zile Singh and Jai Chand. Jai Chand was employed in the military and posted at Manipur and was on two months' annual leave. He was residing separately from Kanshi Ram and his two other sons, whereas, Rajan and Zile Singh were living with Kanshi Ram. Kanshi Ram had partitioned the agricultural land amongst his sons and the share of Jai Chand was given to him. But, still the accused were cultivating the land of the share of Jai Chand. One plot was also purchased by Kanshi Ram, but he had not given the share out of the said plot to Jai Chand.