DEV RAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment of Sessions Judge, Hamirpur, convicting the appellants under Sections 302/34, 307/34 and 452 of the Indian Penal Code and sentencing each of them to imprisonment for life under the first count, to rigorous imprisonment for five years under the second count, and to rigorous imprisonment for three years under the third count.

(2.) Panditu Ram was in possession of two kanals of land in the area of village Dhakawa. He allowed his sala (brother -in -law) Ram Chand deceased to set up a saw mill on this land (one of the accused is also named Ram Chand). A bominal rent was charged. Ram Chand deceased set up a flour mill, rice sheller, and a Kohlu. These machines were covered by a temporary shed. A machine for sawing wood was also put up by him. This was fixed on one side of the shed. Ram Chand accused disputed the right of Panditu Ram over the land. The result was civil and criminal litigation.

(3.) Panditu Ram had two sons. One was Pritam Chand deceased and the other is Ramesh Chand P W. Pritam Chand used to work in the saw mill. Ramesh Chand used to work as a driver with a transport company. He was living at Kalka.