PAPPU RAM Vs. STATE OF H P

JUDGEMENT

(1.) BY this common judgment, both the appeals are being heard and decided together as the same arise out of a judgment of conviction and sentence passed by learned Sessions Judge, Chamba.

(2.) BOTH the appeals are directed against the judgment dated 29th September, 2003/ 16th October, 2003 passed by Sessions judge, Chamba Division, Chamba. H. P. , whereby the appellants have been convicted of an offence under S. 302 read with S. 34, i. P. C. , and sentenced to undergo rigorous imprisonment for life and to pay a fine of rs. 5000/- each, and in default of payment thereof further simple imprisonment of six months. For the offence under S. 201 read with S. 34, I. P. C. the appellants were convicted and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 2000/- each and in default thereof further simple imprisonment for a period of 3 months.

(3.) THE case of the prosecution as borne out from the record is as under :-Bihari Lal, originally belonging to Village patti, Tehsil and Police Station, Palampur, district Kangra, a shepherd came to Jalsu jot, Police Station, Bharmaur, District chamba with his live stock for the purpose of grazing and had his 'dera' (temporary place of shelter in a jungle) at a place commonly known as Uparli Ridli Dhar in Jalsu jot. He was staying there for the last approximately one month. Adjoining to his dera was the Dera of Ramesh Chand son of bodal, who also originally hailed from palampur, District Kangra. Below his Dera, though at a short distance, was the Dera of pappu son of Makhauli and adjoining to the dera of Pappu there was another Dera of lekh Raj, who also hailed from Police Station, Baijnath, District Kangra.