STATE OF HIMACHAL PRADESH Vs. BHAGWANTI DEVI

JUDGEMENT

(1.) As both the above titled criminal appeal and criminal revision arise out of the impugned judgment dated 7.4.2000 passed by the learned Additional Sessions Judge (1), Kangra at Dharamshala (Camp at Una), H.P. in Criminal Appeal No. 46/94, Bhagwanti Devi & others versus The State of H.P., raising common questions of facts and law, the same are taken up for disposal by a common judgment.

(2.) The respondents herein in Criminal Appeal No. 519 of 2000, State of H.P. versus Smt. Bhagwanti Devi and others, namely (1) Bhagwanti Devi, (2) Sat Dev, (3) Sukh Dev, (4) Rattan Chand and (5) Kushal Chand, out of whom those mentioned at serial number (2) Sat Dev, (3) Sukh Dev and (4) Rattan Chand are petitioners in the above Criminal Revision No. 45 of 2000, Sat Dev and others versus State of H.P., who shall hereinafter be referred to as ''the accused'' and denoted as A-1, A-2, A-3 so on and so forth, were tried by the learned Additional Chief Judicial Magistrate, Court No.1, Una, H.P., for the offences under Sections 147, 148, 323, 324, 325, 326, 342, 447 and 506 of the Indian Penal Code (in short IPC) read with Section 149 IPC and were ultimately convicted vide judgment dated 23.5.1994 as under:-

(3.) Consequently, they were sentenced in the following terms:-