MOTI RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) THE instant appeal, is, directed by the accused, against the impugned judgment, rendered on, 02.05.2013, by the learned Sessions Judge, Kullu, Himachal Pradesh, in Sessions trial No. 68 of 2012, whereby, the learned trial Court convicted and sentenced the accused to undergo life imprisonment and to pay a fine of rupees ten thousand and in default thereof both the accused were sentenced to further undergo simple imprisonment for six months for their having committed an offence punishable under Section 302 read with Section 34 of the Indian Penal Code (hereinafter referred to as the IPC).

(2.) THE brief facts of the case are that Bir Singh had invited two deities on 24.2.2012 in his house and on that day, many persons had assembled in his house. On the evening of 25.4.2013, some persons were busy in preparing meal and some persons sitting in front of the house of accused Moti Ram were performing 'Kirtan'. At about 11 p.m. Bir Singh went to serve meal to the devotees, namely, Bhag Chand, Beli Ram, Vijay Kumar, Dola Ram, Ram Saran and others, who were performing 'Kirtan'. Accused Man Singh came there and threatened them to stop the 'Kirtan', otherwise he will commit murder. Accused Man Singh left the room and came after about five minutes and had an altercation with Beli Ram. In the meantime, accused Moti Ram came there having a knife in his hand and stabbed Beli Ram in the chest, who fell on the floor. Belir Ram Died on the way to hospital and taken to the house of his brother Sabja chand. Thereafter, the dead body was kept in the house of Sabja Chand and the police was informed by PW -1 Bir Singh. The police visited the spot and recorded the statement of PW -1 Bir Singh under Section 154 of the Code of Criminal Procedure, comprised in Ex. PW1/A on the basis of which FIR Ex. PW9/A was registered in the police station. The police conducted the investigation in the case.

(3.) THE accused were charged, for, theirs having committed an offence punishable under Section 302 read with Section 34, IPC, by the learned trial Court, to, which they pleaded not guilty and claimed trial.