ATMA RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) The appellants, Atma Ram and his three sons, Lekh Raj, Tilak Raj and Ajit Kumar, were made to face trial for the offences falling under section 302/323 read with section 3 , I. P. C. in the Court of Sessions Judge, Una The learned Sessions Judge found the first two appellants, Atma Ram and Lekh Raj, guilty of the capital offence and convicted them accordingly. Atma Ram was further found guilty and convicted for the offence under section 323, I, P. C. The other two appellants were acquitted of the charge under section 302, I. P. C. and convicted only under section 323 read with section 34, L P. C.

(2.) For their conviction under section 302, I. P. C. both the appel lants, Atma Ram and Lekh Raj, were sentenced to life imprisonment and to pay a fine of Rs. 2,000 each. Atma Ram in addition was sentenced to simple imprisonment for one year under section 323, I. P. C. The other two appellants who were convicted under section 323 read with section 34, I. P C. were, however, released on probation. The common charge on which all the four appellants were tried was framed thus : - "That you on or about 15 -11 -1983 at village Laddia Santoo in the area of Police Station Amb, in furtherance of your common intention did commit the murder or intentionally or knowingly causing the death of Gulzari Lal and thereby committed an offence punishable under section 302/34 of the Indian Penal Code and within my cognizance. Secondly, on the same date and place in furtherance of the common intention of you all voluntarily caused hurts to Dalip Chand, Gurbattan Chand, Smt Parkasho Devi and Brahmi Devi and thereby committed an offence punishable under section 323 read with section 34 of the Indian Penal Code and within my cognizance. And I hereby direct that you all be tried by this Court of the said charges. Sd/ - Sessions Judge. -

(4.) Gulzari Lal deceased was the real brother of the injured persons, Gurbattan Chand and Dalip Chand. The two injured ladies are also from the same family, Smt. Parkasho being the widow of Gulzari Lal and Smt. Brahmi Devi, the wife of Dalip Chand.