HANS RAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Shri Hans Raj appellant No.1 in Criminal Appeal No.59 of 1983 is the father of Som Dutt appellant No.2 of that appeal. Sarvshri Shiv Kumar Dinesh Kumar appellants in Criminal Appeal No.60 of 1983 are also the sons of the said Shri Hans Raj. All these appellants were jointly tried for the offences falling under S.302/34 and 307/34 I.P.C. in the Court of the Sessions Judge, Hamirpur and Una districts at Una. The learned Sessions Judge found all of them guilty and vide his judgment dated 2-7-1983 convicted them under sec.302/34 and also under sec.307/34 I.P.C. Later vide his separate order of even date, the learned Sessions Judge sentenced each of the appellants to undergo life imprisonment for the offence under Sec.302/34 I.P.C. and to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 1,000/- for the offence under Sec.307/34 I.P.C. Hans Raj appellant was further sentenced to pay a fine of Rs. 3,000/- for the offence under Sec.302/34 I.P.C. Criminal Appeal No.59 of 1983 as also Criminal Appeal No.60 of 1983 are both directed against the said judgment of conviction and sentence recorded by the Sessions Judge. Since both these appeals arise out of the same judgment of the Sessions Judge they would stand disposed of by this common Judgment.

(2.) The prosecution case shortly stated is that Bir Singh deceased and his brothers Nikka Ram (pw.7) and Kaka Ram (pw.11) were owners to the extent of one half share in a piece of land measuring 18 Kanals 7 marlas situate in their village Ambota. Before consolidation of holdings which was effected in the year 1981, this land was bearing Khasra No.9335/4655. During consolidation it was assigned different Khasra numbers. A part of this land measuring 5 Kanals 9 Marlas was assigned Khasra No.4445. This particular Khasra number 4445 was coming in actual possession of the aforesaid three brothers Bir Singh deceased, Nikka Ram and Kaka Ram.

(3.) Bir Singh deceased and his brothers Nikka Ram and Kaka Ram owned other land also in their village Ambota apart from the land referred to above. On 5-10-1982 Bir Singh deceased and Nikka Ram (pw.7) were ploughing their other land in their village at about 10 A.M. That other land was about two fields away from the land bearing Khasra No.4445 and referred to above. While ploughing that other land, Bir Singh deceased and Nikka Ram saw the present appellants Sarvshri Hans Raj, Som Dutt, Shiv Kumar and Dinesh Kumar reaching the land bearing Khasra No.4445 with a tractor, obviously with the intention to plough the same. All these four appellants were at that time duly armed. Hans Raj being armed with a Kumar and Dinesh Kumar and Som Dutt with lathis and Shiv Kumar with a Drat. Both Bir Singh deceased and Nikka Ram (PW.7) proceeded from the field which they were ploughing to the land where the appellants had arrived and requested the appellants not to plough the land bearing khasra No.4445. On that Hans Raj appellant abused Bir Singh deceased and Nikka Ram. In the meanwhile P.Ws. Kamla Devi wife of Nikka Ram and Shakuntla Devi wife of Bir Singh also reached the spot and they also requested the appellants not to plough their land. After some altercation the appellants opened the attack on the above mentioned persons, namely, Bir Singh deceased, Nikka Ram, Kamla Devi and Shakuntla Devi P.Ws. All the appellants are alleged to have used their respective weapons causing multiple injuries to their victims. After some time P.Ws. Mohinder Kaur wife of Kaka Ram, Rakesh Kumar son of Kaka Ram and Kaka Ram son of Ganga Ram also reached the spot. As these persons tried to intervene they were also given beating by the appellants.