BABU RAM Vs. STATE OF H P

JUDGEMENT

(1.) The aforesaid two appeals are being disposed of by a common judgment since they both arise out of one judgment dated 19.6.1999 passed by the learned Additional Sessions Judge, Solan in Sessions Trial No. 6-S/7 of 1997 whereby he convicted the accused who was charged with having committed offences punishable under Sections 302/201 and 304 Part II of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for five years for having committed an offence punishable under Section 304 Part-II, IPC.

(2.) The accused aggrieved by the said judgment has filed Criminal Appeal No. 268 of 1999. The State has filed Criminal Appeal No. 381 of 1999 praying that the accused be sentenced for having committed offences punishable under Section 302 read with Section 201 of the Indian Penal Code.

(3.) The prosecution story, in brief, is that on 22.10.1996, PW/1 Hira Lal met Babu Ram. He told Babu Ram to come to Dol-Ke-Choe on the next day, i.e., 23.10.1996 since he was going to extract illicit liquor there. Next day, i.e., on 23.10.1996 Hira Lal started his work of distilling illicit liquor at Dol-Ke-Choe. Babu Ram, accused came there and after about half an hour, his brother Roshan Lal (deceased) also came there. Roshan Lal and Babu Ram both consumed some of the illicitly distilled liquor. While they were having liquor the accused, Babu Ram allegedly told his brother Roshan Lal that he (Roshan Lal) had enticed the wife of Babu Ram and this rumor was being spread amongst the local villagers by Roshan Lal himself. Roshan Lal denied that he had either enticed the wife of Babu Ram or that he had made any such allegations. Thereafter, the accused Babu Ram caught hold of Roshan Lal and started slapping him. Hira Lal tried to intervene but the accused asked him not to intervene in a matter between two brothers. Then accused Babu Ram picked up a stone and started giving blows with it to Sh. Roshan Lal. Roshan Lal became unconscious and fell into a water spring and his body got submerged in the water. Thereafter, Hira Lal and Babu Ram went to their houses. On the way, Hira Lal met one Parkash and told him about the alleged occurrence. At about 2.30 p.m. Hira Lal was going to Malla Bazar for purchasing household articles. On the way, he found that the accused Babu Ram accompanied by Madan Lal, son of the deceased was carrying the dead body of the deceased and taking it home. On enquiry, the accused informed Hira Lal that Roshan Lal had died. According to the prosecution, Hira Lal did nothing. Next day, i.e., on 24.10.1996 dead body of Roshan Lal was being taken for cremation to the cremation ground and at that time, police reached the spot, took into possession the dead body of Roshan Lal and sent it for post mortem examination. In the post mortem report, it was revealed that Roshan Lal had died due to a head injury. Thereafter, the matter was investigated and on the statement of Hira Lal, case against the accused was registered. In the FIR, Ext. PW1/A, it is alleged that Roshan Lal asked Babu Ram why he had enticed his wife. On the basis of the evidence, challan was filed against the accused who pleaded not guilty. The learned Trial Court came to the conclusion that the accused had no intention of murdering his brother but is a guilty of having committed an offence punishable under Section 304 Part-II, IPC and sentenced him to undergo rigorous imprisonment for five years. Hence the present appeals.