CHUNI LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellants, Chuni Lal, Partap Singh alias Partapu and Kabli Ram were jointly tried and convicted for the commission of the offence under Sections 302, 394 read with Section 34 of the Indian Penal Code and sen tenced to life imprisonment and a fine of Rs. 2,000.00 on each count, i.e. under Sections 302 and 394 IPC respectively. Each one of the appellant, in case of default of payment of fine, was directed to undergo rigorous imprisonment for six months on each count vide the impugned judgment dated 16/01/1993 passed by the learned Sessions Judge, Chamba (H. P.). However, the sentences passed on each count were to run concurrently. Aggrieved with the aforesaid judgment of the trial Court, all the accused have filed the instant appeal seeking reversal thereof.

(2.) Precisely, the prosecution case is that appel lant hail from village Paryungal, Police Station, Kihar, District Chamba. They have been appre hended for the murder of Shri Khurshid Ahmad which incident is alleged to have been witnessed by Mohammad Ayub (PW-1). The deceased was a close relation of PW-1, being son of latter's maternal uncle. At the material time, PW-1 Mohammad Ayub was working with the deceased as his servant. Both of them came to the area of Bhandal for purchase of sheep and goat in July, 1991. A day preceding the incident, both of them had gone to village Paryungal and met S/Sh. Kabli and Partapu accused. As per the prosecu tion story, a deal was struck in between them regarding the purchase of sheep and goats. There after, both came back to village Sanghni where again they met the complainant party and asked them to come on the next morning in relation to the aforesaid transaction. On the following day, both the deceased and PW-1 Mohammad Ayub proceeded towards Paryungal early in the morn ing at about 5 a.m. However, when they reached near a 'nala', accused Kabli gave a whistle and asked them to come up. Thereupon, both went up and met the two accused who stated that their "Maal" had gone to Adhwar. All of them then proceeded to second 'nala' where the third ac cused Chuni Lal, holding a 'Kulhari' in his hand, met them. At the behest of the accused, all of them sat and started taking rest. Partapu accused of fered "Bidi" to all and they started enjoying smoking.

(3.) As per the prosecution, at this stage, Chuni Lal accused assaulted Khurshid Ahmad (deceased) by giving a 'Kulhari' blow on his head whereas other two accused held the deceased and pushed him towards the 'nala'. Kabli accused is then stated to have attacked Mohammad Ayub (PW-1) with 'Kulhari' but he caught 'Kulhari' from his hands, gave tooth bite to him and 'Kulhari' fell down. PW-1 then ran away towards village Sanghni in order to save his life. The accused persons then assaulted him by throwing stones consequent whereto PW-1 sustained injuries on his left leg and head.