DAULAT RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal by the convicted accused is directed against the judgment of the Additional Sessions Judge, Solan in Sessions Trial No.10-S/7 of 1997 decided on 13.8.1999 where by has convicted the accused of having committed offence under Sections 365/34, 304-II/34, 120B/34 and 506/34 IPC. The accused Hari Nand has also been convicted for the offence under Section 452 IPC. All the convicts have been sentenced to undergo simple imprisonment for 5 years under Section 365/34 IPC and to pay a fine of Rs.2000/- each and to undergo simple imprisonment of three months in default of payment of fine. They have also been given similar sentence of 5 years under Section 304-II/34 IPC and to undergo simple imprisonment for one year under Section 120-B/34 IPC. They have also been sentenced for two years under Section 506/34 IPC. Hari Nand has also been convicted for the offence under Section 452 IPC and sentenced to imprisonment of 5 years and to pay a fine of Rs.2000/-. All the sentences have been ordered to run concurrently.

(2.) THE facts of the case necessary for decision of the case are that Santa was an elderly man aged about 90 years. He was virtually blind and was also hard of hearing. He was earlier residing with accused Khyali Ram. Khyali Ram is the father of Mahender Singh one of the appellants and father-in-law of Smt Nirmala Devi wife of Mahender Singh. Nirmala Devi was the maternal grand-daughter of deceased Santa. Santa had executed a Will on 23.5.1984 in favour of Khyali Ram and was residing with him for a long time.

(3.) ON 25.8.1996 the dead body of a person was found near the house of Khyali Ram, Nirmala Devi and Mahender Singh who lived in a quarter near Panjari in Shimla. This body was identified to be that of deceased Santa. On the basis of the FIR and the subsequent events a case under Sections 365, 304, 177, 452 read with Sections 34 and 120B IPC was lodged against the accused persons, Daulat Ram, Nirmala Devi, Khyali Ram, Mahender Singh, Hari Nand, Hem Singh, Narender Singh and Amar Singh. The learned trial Court has acquitted all the other accused except the present appellants as mentioned hereinabove.