BHAGWAN DASS Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) S/Shri Bhagwan Dass and his co-accused Bhag Sen have assailed the impugned judgment dated July 16, 1991, passed by the learned Additional Sessions Judge (1) Shimla, in Criminal Sessions trial No. 37-S/7 of 1988, convicting both of them under Sections 302 and 201 read with Section 34 of the Indian Penal Code and sentencing them to life imprisonment under Sections 302/34, I.P.C. and further sentenced both of them under Section 201 read with Section 34, I.P.C. to undergo rigorous imprisonment for two years and a fine of Rs. 500 each and in default of payment of fine, each one of the defaulters was directed to further undergo rigorous imprisonment for six months. The substantive punishment imposed upon them on each count were directed to run concurrently.

(2.) Shortly stated, the prosecution case is that Shri Shia Tenzin Negi alias Sita Ram, (hereinafter shortly referred to as 'Maldar') hailed from village Jangi, a tribal belt of District Kinnaur. He was a shephered and he owned a number of sheep and goats. He used to shuttle in between the high ranges of Himalyas to lower ranges of Himalyas for grazing his herd of animals. In this process, he had employed four servants at the relevant time, namely, the two accused as also S/Shri Raja Ram (PW 5) and Raghuvir Singh. The accused used to look after the herd of sheep whereas the other two were entrusted to supervise the grazing of the goats by them.

(3.) Prior to the incident, the herd belonging to Maldar had descended down to lower Himalyas in District Shimla and Solan during winter season of 1988, The convenient meadows found by them were at Arki and Dhami in Districts Solan and Shimla respectively. Later in the month of April 1988, both the accused with the Maldar started their return journey from Dhami in district Shimla to Kinnaur. The prosecution allege that while herd was at Dnami, accused Bhagwan Dass engaged Sukh Lal (PW 4) as his servant who thereby also accompanied him to Kinnaur with the herd through the routine passage and reached Pelan Jungle near Sungri in Rampur on 27th of April, 1988. All the four stayed during the night in DERA in the open sky at the aforesaid place on 27-4-1988. The Maldar and accused Bhag Sen slept in separate beds in one corner of the DERA whereas Bhagwan Dass accused and his servant Sukh Lal (PW 4) slept separately on the other corner of the DERA.