TEK CHAND Vs. STATE

JUDGEMENT

(1.) THE present appeal arises out of the judgment dated 26/28.6.2003 passed by the Sessions Judge, Chamba, in Sessions Trial Case No. 5 of 2001, whereby the appellant has been convicted and sentenced u/s 302 IPC to undergo imprisonment for life and also pay a fine of Rs.5000/- failing which to further undergo simple imprisonment for a period of six months.

(2.) ON 12.6.2000 at about 4.30 p.m., FIR No. 119/2000 was registered under Sections 302, 34 IPC in Police Station, Sadar, Distt. Chamba, stating that Purkho, Lachho and Chattar Singh, brothers were residing in village Babjah, pargana Gudial Teshil Sadar, District Chamba. Jaggo eldest son of Shri Purkho, with the help of Lachho solemnized marriage with Ms. Roshni Devi daughter of accused Tek Chand. Tek Chand nursed a grudge against Shri Lachho and an attempt was made to reconcile their differences and maintain cordial relations and as an effort in that direction, on 10.6.2000 deceased Lachho got a meeting hereinafter referred to as Panchi convened with the intervention of the President Harbhajan Singh and members Kesho and Sher Mohamd. In the said Panchi, an attempt was made to patch-up the matter, however, Tek Chand left the meeting in a huff saying that the decision of Panchi was not acceptable to him and threatened that they would kill Lachho, Jaggo and Roshni Devi. On 12.6.2000, complainant Chattar Singh was informed by his daughter Cheeno that the dead body of Lachho was lying at a place known as Admal, near Mundwa nallah and after visiting the spot and on seeing the dead body, the matter was reported to the police. Appellant and his two sons, namely, Bachan Singh and Pyar Singh were suspected to have inflicted the injuries and killed the deceased for the reason that they were nursing a grudge against the deceased.

(3.) AFTER complying with the provisions of Section 207 Cr.PC, all the accused were charged with the offences punishable under Sections 302, 120-B and 34 IPC. Accused persons did not plead guilty and were, therefore, put to trial.