BHIM BAHADUR Vs. STATE OF H P

JUDGEMENT

(1.) BY this judgment, we are disposing of two appeals, because in both of them the same judgment of conviction and sentence, i.e. judgment dated 30th June, 2008, of learned Additional Sessions Judge (Fast Track Court), has been assailed. One appeal, i.e. Cr.A No.437 of 2008, has been filed by appellants Bhim Bahadur and Raju and the other appeal, i.e. Cr.A No.457 of 2008, has been filed by appellant Ram Bahadur. There were three accused, in all, before the trial Court.

(2.) APPELLANTS Bhim Bahadur and Raju have been convicted of offences, under Sections 302 & 392, read with Section 34 of the Indian Penal Code, and appellant Ram Bahadur has been convicted of offences, under Sections 212 and 414 of the Indian Penal Code. Punishment awarded by the trial Court is as under:

(3.) ON 3rd May, 2006, after closing his shop, deceased went to the Dera of appellants Bhim Bahadur and Raju. There he allegedly took his meals and also consumed liquor. When he was asked to take more liquor, he allegedly told the appellants that he was having a huge amount of money with him and, therefore, it was not desirable that he should be consuming more liquor, as he could lose the money, while going to his Dogri. Appellant Bhim Bahadur and Raju, on coming to know that the deceased was having money, thought of a plan to rob him of that money and they being rustic could not think of a better way than killing the deceased, on his way to the Dogri. When the deceased left their Dera, they offered to accompany him to Dogri, because he was having cash with him. ON the way they attacked him with a Danda from behind and hit him on the head. The deceased tried to run away. He was chased and was hit repeatedly with the Danda, as a result of which he fell and died.