KHETI RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 21-2-2000 of Sessions Judge, Chamba in Session trial No. 15 of 1999 convicting the appellants-accused under S. 302 of the Indian Penal Code and sentencing them to undergo imprisonment for life and to pay fine of Rs. 5000.00 each. In default of payment of fine to undergo simple imprisonment for two months each for the murder of one Chaman Lal. The appellants were also convicted under S. 323 read with Section 31 of the Indian Penal Code for inflicting simple injury to Ram Singh and sentenced to suffer imprisonment for three months each and to pay fine of Rs. 1000.00 in default of payment of fine they shall undergo simple imprisonment for one month eash.

(2.) In order to appreciate the controversy we are herewith giving essential facts.

(3.) As per the prosecution story, on 13-1-1999 at about 6 or 6-30 p.m. PW-1 Ram Singh along with his brother Chaman Lal were going to their maternal grand parents' house in village Siunra Pargana Himgiri, Tehsil Churah, District Chamba. When they covered hardly about 2 kilometres distance from their village and reached at village Saryali Cheel, they met both the accussed who are real brothers on the way who were coming from down side along with PW-2 Surinder Singh and PW-6 Kumari Paro sister-in-law (wife's sister of PW-1). PW. 6 was caught hold from her arm by Chet Ram accused and she was weeping. P.W. 1 asked the accused as to why they were taking PW-8 forcibly, then Chet Ram accused replied that Kumari Paro was engaged to him by her father and they were taking her to their house. On seeing PW-1 and his brother Chaman Lal PW-6 tried to get herself released from the clutches of Chest Ram accused, he started beating her. When PW-1 and his brother Chaman Lal tried to rescue PW-6, both the accused immediately attacked Chaman Lal while PW-2 took PW-1 to other side and requested him not to quarrel. When PW. 1 tried to get himself released from PW-2, he threw PW-1 on the ground and did not allow him to rescue his brother. It was the prosecution case that Kheti Ram accused struck an empty glass bottle on the head of Chaman Lal and as a consequence of blood injury, Chaman Lal fell down on the ground. Thereafter both the accused lifted Chaman Lal and threw him from the height of about 70 ft. down the 'dhank'. Then both the accused came near PW. Ram Singh and tried to lift him too also in order to throw him down below the same 'Dhank' but by chance Ram Singh caught hold of the caller of the shirt of PW Surinder Singh from neck with his right hand and thus saved himself. He requested both the accused not to kill him. Then they directed PW Ram Singh to go to home quietly. He obeyed their command, but accused Kheti Ram was holding his right hand and after walking a few steps PW Ram Singh got his hand freed and ran away. At that time he noticed Chet Ram accused lifting a stone from the road and striking it on the back side of his head which caused blood injuries to him. PW Ram Singh went towards village Sheru and cried for help One Teju. PW-3 Karam Chand alias Karmu and PW-5 Glano met him to whom he narrated the entire incident. All these three persons accompanied PW Ram Singh to the place of occurrence to locate the where-abouts of Chaman Lal but they could not trace out him due to darkness. Thereafter, PW Ram Singh went to the house of his maternal brother PW 4 Narsingh and narrated the entire incident to him as well. PW Ram Singh against went to the place of occurrence to look the dead body of Chaman Lal but in the darkness, they failed to locate his body.