NEKI RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) In sessions trial No.12-S/7 of 2007, [State versus Neki Ram and others], the appellants were convicted under Sections 302, 307 read with Section 34 of the Indian Penal Code and sentenced to rigorous imprisonment for life and to pay a fine of Rs.10,000/- each and in default of payment of fine, to further undergo simple imprisonment for a period of six months each, under Section 302 read with Section 34 of the Indian Penal Code for committing the murder of Ram Singh and were also sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.5,000/- each and in default of payment of fine, to further undergo simple imprisonment for a period of six months under Section 307 read with Section 34 of the Indian Penal Code for attempt to commit murder of Parma Nand (PW18), whereas, accused Kaushalya Devi and Lata Devi were acquitted. The State has not challenged their acquittal, whereas, the appellants have laid a challenge in this appeal to their conviction and sentence, passed by the learned trial Court.

(2.) Facts in brief, giving rise to the present appeal can be stated thus. Ram Singh (deceased) and Neki Ram (appellant) are the real brothers. Ram Singh had filed a Civil Suit in the Court of Sub Judge, Arki, in the year 2003, for seeking the relief of injunction with respect to the land comprised in Khasra Khatauni No.2/2, Khasra No.186/31, measuring 1 bigha 10 biasws, situated in Mauja Tal, Pargana Dhar, Tehsil Arki, District Solan, H.P. This lis created a bad-blood between both the parties.

(3.) On 26th March, 2006 at about 12.15 p.m. in village Tal, the appellants alongwith their co-accused Kaushalya Devi wife of appellant Neki Ram and Lata Devi wife of Jia Lal, in pursuance to their common intention, allegedly formed an unlawful assembly and forced entry into the house of complainant Parma Nand (PW18) where he was living with his father Ram Singh (deceased). Appellant Reena Devi wife of Kamal Sharma alias Babu Ram appellant was carrying a darat, Lata Devi (acquitted accused) was having a sickle and other appellants were armed with dandas. Apellant Kamal Sharma caught hold of Parma Nand aforesaid and dragged him whereas, appellant Neki Ram dealt a danda blow on his forehead and arm, Smt. Reena Devi gave a blow of darat on his right arm. The complainant ran away to save his life, but he was chased by the appellants, but they could not apprehend him. The appellants were seen chasing the complainant and then returning to the house of complainant by PW20 Dropti and PW21 Nirmala Devi. Parma Nand straight-away went to Police Station Arki which was at a distance of 2 Km from the place of occurrence and lodged report Ex.PW12/A.