KHEM SINGH Vs. THE STATE OF H.P.

JUDGEMENT

(1.) Accused Khem Singh alias Khemo and Dass have challenged the judgment of Sessions Judge, Chamba in Sessions Case No. 18 of 1989 decided on 25 -3 -1991 whereby they have been convicted under section 302 read with section 34 of Indian Penal Code and sentenced to rigorous imprisonment for life and to pay a fine of Rs. 1,000 and in default of payment of fine to undergo further rigorous imprisonment for two months. Accused Keshru alias Khinna has been acquitted and no appeal against his acquittal has been preferred by the State.

(2.) Prosecution case is that the accused committed lurking house trespass by night and murdered Nirmal (70), his wife Hardei (50) and his brother Garbha (65). All the deceased were living in village Kalyog. Village people including Chhatar Singh (PW 1), Mehar Singh (PW 3) and Narotam (PW 4) found the dead bodies m the kitchen portion of the house since they had gone there after noticing the cattle of deceased Nirmal roaming and damaging his maize crop in the field.

(3.) Accused are residents of village Kiha situated at a short distance from Kalyog. Baldev (PW 5) is the son of deceased Nirmal from his previous wife and had started living in a village different from that of deceased Nirmal. Janki (PW 13) is the sister of Hardei. She resides in village Bharmoi near Kalyog She claims that the deceased were seen alive by her in the evening of 31st July, 1989 when the deceased were repairing the roof of their house.