AMIN CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Sessions Judge, Shimla, dated August 29, 1983, whereby accused Amin Chand was convicted under S.302 I.P.C. and sentenced to life imprisonment and to pay a fine of Rs. 2,000/- and in default to undergo further rigorous imprisonment for six months. The Sessions Judge also convicted the said accused under S.323 of the Penal Code and sentenced him to undergo rigorous imprisonment for one month thereunder. The other two accused, Pushpa and Bija Ram, were also convicted under S.323 of the Penal Code and sentenced to undergo imprisonment till the rising of the Court and to pay a fine of Rs. 500/- each and in default to undergo simple imprisonment for one month each.

(2.) By a short order made on December 19, 1984, we accepted this appeal, quashed the conviction and sentence against the appellants and ordered their acquittal. Accused Amin Chand was in jail and it was directed that he should be released forthwith, if not required in any other case. It was further observed by us that the reasons for the order of acquittal would be recorded later. We now proceed to do so.

(3.) There are a few facts of this case which are not disputed by the parties and may be stated at the very outset. Accused Bija Ram and accused Pushpa are the father and wife respectively of accused Amin Chand. All of them are residing in village Koanu in one part of a house in the other part of which Sukh Nand, deceased, his son Ram Lal (PW5), his daughter-in-law, that is, Ram Lal's wife Sheela (PW2) and Sukh Nand's wife are residing. The parties have their kitchens in the upper storey of this house. Both these kitchens have a common verandah which stands partitioned. There is some accommodation on the ground floor with a courtyard in front thereof. It is also admitted that the accused had old enmity with Sukh Nand, deceased and his family as they had a dispute over land.