ROHTASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Rohtash, Ram Mehrar, Ishwar, Maman, Ram Dhari and Anand, appellants herein, formed an unlawful assembly the common object whereof was to commit murder of Balwan Singh and cause bodily injuries to Shamsher and Jai Bhagwan, while armed with deadly weapons committed offences of rioting, murder of Balwan Singh and voluntarily caused hurt to Shamsher and Jai Bhagwan. Accused were charged and tried under Sections 148, 302/149 and 323/149, Indian Penal Code, by Additional Sessions Judge, Karnal, vide his order dated 29-5-1991. Rohtash and Ishwar accused were convicted under Section 302/34, IPC for their having committed the murder of Balwan Singh and were sentenced to undergo imprisonment for life and to pay a fine of Rs. 500.00 each, and in default of payment of fine to further undergo rigorous imprisonment for six months each. They were also sentenced to undergo rigorous imprisonment for one year each under Section 148, Indian Penal Code as well as under Section 323 read with Section 149, IPC. However, all the substantive sentences of imprisonment were directed to run concurrently. Convicts Ram Mehar, Maman, Ram Dhari and Anand were also convicted to be released on probation under Section 4(1) of the Probation of Offenders Act. Besides each one of them was directed to pay Rs. 500.00 as compensation to injured PWs Shamsher and Jai Bhagwan in equal shares.

(2.) Feeling aggrieved against their conviction and sentence, they have come up in appeal.

(3.) Facts of the prosecution case in brief are that Maman, Ram Dhari and Ishwar accused and Ram Dass are the sons of Mangal. Accused Rohtash and Ram Mehar are the sons of Ram Dass. Accused Anand is the son of Ram Dhari accused.