STATE OF HARYANA Vs. RAM KISHAN

JUDGEMENT

(1.) Three persons viz. Ram Kishan, Moman and Munna were tried for having murdered Risal Singh, his wife - Jadao Devi, his son - Om Parkash and two daughters-in-law Smt. Darshana and Smt. Bala. The trial Court has found Ram Kishan guilty under Section 302, I.P.C.and Section 27 of the Arms Act, 1959. He has been sentenced to death under Section 302, I.P.C.and for three years R.I.under Section 27 of the Arms Act. Munna has been found guilty under Section 302/34, I.P.C.and has been awarded life imprisonment with a fine of Rs. 5000/-. Moman has been acquitted under Section 120-B, I.P.C.and Section 30 of the Arms Act. Ram Kishan and Moman have, however, been convicted under Sections 25 and 29 of the Arms Act respectively.

(2.) We have five cases before us. The Murder Reference No. 2 of 1998, Criminal Appeal No. 188-DB of 1998 and Criminal Revision No. 722 of 1998 arise out of the decision in the main Murder Case. The other two viz. Criminal Appeal Nos. 189-DB and 325-SB of 1998 arise out of the judgment under the Arms Act, 1959. Since the basic incident out of which all the five cases arise is one, these can be disposed of by a common order. The relevant facts may be briefly noticed.

(3.) Risal Singh, one of the deceased and Chhaju Ram are brothers. Ram Murti - the complainant and Om Parkash, another one of the deceased are the sons of Risal Singh. Jadao Devi is his wife. Smt. Bala - the deceased who was carrying a foetus of 6/7 months is the wife of Ram Murti - the complainant. Smt. Darshana - the deceased was the wife of Om Parkash. Chhaju Ram has three sons - Ram Kishan (accused) Pardeep and Dalbir.