ATMA RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) In Sessions Trial No. 17 of 1994 on the file of Sessions Judge, Bilaspur, ten persons, namely, (1) Atma Ram, (2) Narain Dass (3) Ram Nath, (4) Jagdish, (5) Smt. Soma Devi, (6) Smt. Satya Devi, (7) Smt. Lachmi Devi, (8) Smt. Savitri Devi, (9) Smt. Roshani Devi and (10) Smt. NirmlaDevi all residents of village Dhanathar, Police Station Sadar, District Bilaspur were charged and tried for the offences punishable under Sections 302,452,147,148,149,427 and 120 -B of Indian Penal Code for committing the murder of Ram Parkash (deceased) with the help, of Lathies and stones.

(2.) By judgment and order dated 9th February, 1999, the learned Sessions Judge, Bilaspur convicted Atma Ram (A -l), Narain Dass (A -2), Ram Nath (A -3), Jagdish (A -4) and Smt. Soma Devi (A -5) under Sections 147,149,452 and 3021.P.C. and sentenced them to undergo rigorous imprisonment for two years under Section 1471.P.C. and to pay fine of Rs.500/ - each and in default of payment of fine, they shall further undergo rigorous imprisonment for six months each. Under Section 4521.P.C. they shall undergo rigorous imprisonment for three years each and to pay fine of Rs. 1,000/ - each and in default of payment of fine they shall further undergo rigorous imprisonment for six months each. Under Section 3021 P.C. read with section 1491.P.C. they shall undergo rigorous imprisonment for life and to pay fine of Rs. 1,000/ - each and in default of payment of fine they shall undergo rigorous imprisonment for one year each. All the sentences shall run concurrently. Smt. Satya Devi (A -6). Smt. Lachhmi Devi (A -7), Smt. Savitri Devi (A -8) Smt. Roshani Devi (A -9) and Smt. Nirmla Devi (A -10) were convicted under Sections 147 and 452 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years each under Section 147 I.P.C. and to pay fine of Rs.500/ - each and in default of payment of fine they shall further undergo rigorous imprisonment for six months each. Under Section 452 I.P.C. they shall undergo rigorous imprisonment for three years and to pay fine of Rs. 1,000/ - each and in default of payment of fine they shall further undergo for six months rigorous imprisonment. All the sentences shall also run concurrently. For other offences, these accused persons were acquitted.

(3.) Against the said judgment and order daccused Atma Ram and four others preferred Criminal Appeal No.79 of 1999 and accused Smt. Satya Devi and four others preferred Criminal Appeal No.22 of 1999 whereas Criminal Appeal No.218 of 1999 has been preferred by the State of Himachal Pradesh against the acquittal of Smt. Satya Devi and four others under Sections 302 and 149 of the Indian Penal Code before this Court. All these appeals are heard together and shall stand disposed of by this common judgment.