MAST RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal under Section 347 of the Code of Criminal Procedure is directed against the judgment of the learned Sessions Judge, Mandi delivered in Sessions Trial No. 21 of 2001 whereby he has convicted the appellants (hereinafter referred to as the accused) for the offences under Section 302 read with Section 34 of the Indian Penal Code (hereinafter referred to as the IPC), Section 323 read with Section 34 IPC and Section 324 read with Section 34 IPC. All the accused have been sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 10,000/- each for the offence under Section 302 read with Section 34 IPC. In default of payment of fine each of the accused have been directed to undergo rigorous imprisonment for a further period of one year. The accused have been also sentenced to undergo rigorous imprisonment for one year for the offence under Section 324 read with Section 34 IPC. They have also been sentenced to undergo rigorous imprisonment for a period of six months for the offence under Section 323 read with Section 34 IPC. All the aforesaid sentences have been directed to run concurrently.

(2.) The case against the accused was that on 27.8.2000 at about 7.45 a. m. they committed the murder of Sh. Kanaura Ram and caused simple injuries to Rup Lal and Thalia Ram son of Kanaura Ram at village Darbathu.

(3.) The prosecution story as emanating from the evidence led before the learned trial Court is that accused Mast Ram, deceased Kanaura Ram and one Basant Ram were real brothers. They were holding separate lands in their respective possessions on the basis of some family partition. In the revenue records however their land was shown as joint holding. Accused Dinesh Kumar and Mohinder @ Sanjay are the sons of Mast Ram accused. PW-5 Rup Lal and PW-6 Thalia Ram are the sons of Kanaura Ram. It was alleged that on 26.8.2000 Tej Ram who is the son of Basant Ram started the construction of his house near the house of deceased Kanaura Ram and accused Mast Ram. PW-5 Rup Lal, PW-6 Thalia Ram were working as Masons in the said construction. On the said date when the construction was going on, Dinesh Kumar accused, accompanying by one Ram Singh came and started objecting to the said construction work on the ground that the khata is joint and therefore no construction should be raised. Thereafter Kala Devi, Member Panchayat was called to inspect the spot but the work continued throughout the day. This is alleged to be the motive for the crime.