BABU RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellants were found guilty and convicted by Additional Sessions Judge, Karnal, on the charge of murder of Amir Chand and Laxmi Narain in prosecution of the common object of the unlawful assembly under Section 302 read with Section 149 of the Indian Penal Code and each one of them was awarded sentence of imprisonment for life and a fine of Rs. 500/- or in default of payment thereof to further undergo three months' rigorous imprisonment. They were also convicted under Section 325 read with Section 149 of the Indian Penal Code for the injuries on the persons of Smt. Dhanno Devi and Gullu Ram and each one of them was awarded sentence of three years rigorous imprisonment and fine of Rs. 500/- or in default of payment of fine to further undergo three months' rigorous imprisonment. They were also convicted under Section 323 read with Section 149 of the Indian Penal Code for the injuries on the person of Moti Ram,pw 18 and each one of them was awarded six months' rigorous imprisonment. All the substantive sentences were ordered to run concurrently. Feeling aggrieved against their conviction and sentence they have come up in appeal.

(2.) SMT. Rajni Devi, complainant, has also preferred Criminal Revision No. 489 of 1991 against the accused-respondents for awarding capital punishment qua the murder of Amir Chand and Laxmi Narain and for enhancement of sentence as well as awarding adequate compensation to the complainant. Both these matters shall be disposed of by this order as these arise out of the same judgment of the trial Court and rest upon the same evidence.

(3.) IN brief the prosecution case is that Babu Ram, Lal Ram and Rup Lal accused-appellants are real brothers while Dhan Raj and Nathu Ram accused-appellants are the sons of aforesaid Babu Ram and Bhalu Ram accused-appellant is son of aforesaid Rup Lal. On the other hand, Amir Chand, deceased, is the father of Laxmi Narain, deceased, Moti Ram, PW 18 and Gullu Ram, PW 17, while Smt. Dhanno Devi, PW 8 is the mother of Amir Chand deceased. Both the parties used to reside in village Dera Purbian and cultivate their respective lands. Two days prior to this occurrence, Babu Ram, accused had dismantled the water course of Arnir Chand, deceased. Amir Chand, deceased, remonstrated, with Babu Ram and an altercation took place between them.