MOHAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) MOHAN Lal, present appellant, along with his three brothers namely Phool Chand, Ami Chand and Saraf Singh and Ram Karan son of Daulat Ram and Munga Ram son of Lachhman, was tried by the Court of Sessions Judge, Ambala, in case arising out of FIR No. 109 dated 15.7.1997, registered at Police Station Raipur Rani, under Sections 302, 452 and 34 IPC.

(2.) VIDE impugned judgment dated 1.5.2003, the trial Court acquitted Phool Chand, Ami Chand, Saraf Singh, Munga Ram, whereas co -accused Ram Karan died during the course of trial. The trial Court further recorded acquittal of the appellant for the offence under Section 302 IPC but held him guilty of offence under Sections 449 and 304 Part -I IPC. Vide a separate order dated 2.5.2003, the appellant was sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,000 on both the counts, in default whereof to further undergo rigorous imprisonment for a period of six months on each count.

(3.) AFTER the opinion of the doctor, since cognizable offence was made out, a formal FIR Ex. PL was recorded under Sections 324, 452 and 34 IPC. During the pendency of investigation, Khilla Ram died and offence under Section 302 IPC was added. The above said FIR was investigated and the report under Section 173 Cr.P.C. was submitted. The case was committed to the Court of Sessions and on 8.5.1998, the appellant was charged for the offence under Sections 148, 449 read with Section 149 IPC and 302 read with Section 149 IPC. The appellant pleaded not guilty and claimed trial.