RATTAN CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Since these two appeals (Cr. A. Nos. 525 and 549 of 1996) and the revision (Cr. Revision No. 150 of 2000) arise out of the same judgment dated 17-8-1996 passed by the learned Sessions Judge, Una, therefore, these are disposed of by this common judgment.

(2.) Criminal Appeal No. 549 of 1996 has been preferred by the appellants/convicts Som Datt, Balkishan, Raj Kumar and Neel Kanth (hereafter referred to as the 'accused'), and Criminal Appeal No. 525 of 1996 has been preferred by appellants/accused Rattan Chand and Babu Ram (hereinafter referred to as the 'accused') against the judgment dated 17-8-1996 whereby each one of them has been convicted under Section 304(II), Section 325 read with Section 149, Section 452 read with Section 149 and Sections 148 and 149 of the Indian Penal Code and each of them has been sentenced to rigorous imprisonment for a period of five years under Section 304(II) read with Section 149 of the Indian Penal Code, rigorous imprisonment for one year under Section 452 read with Section 149 of the Indian Penal Code, rigorous imprisonment for one year under Section 325 read with Section 149 of the Indian Penal Code and rigorous imprisonment for one year under Section 148 of the Indian Penal Code and to pay fine of Rs. 1000.00 each for offence under Section 325 read with Section 149 of the Indian Penal Code. In default of payment of fine, the accused have been ordered to undergo further rigorous imprisonment for a period of six months each. The sentences imposed have been made to run concurrently.

(3.) The revision petition has been preferred by Khushi Ram, injured/informant (hereafter referred to as 'PW 1') in so far as the accused have been held guilty under Section 304(II) of the Indian Penal Code instead of Section 302 of the Indian Penal Code, the offence which, according to him, was proved and established against the accused persons.