MANI LAL Vs. STATE OF PUNAJAB

JUDGEMENT

(1.) THIS is an appeal against judgment/order of sentence dated 27-2-1996 of the Additional Sessions Judge, jalandhar (hereinafter described as 'the trial court) vide which the appellants have been convicted and sentenced as under :-For offence punish- To undergo rigorous able under Section imprisonment for 458 of the I. P. C. seven years and to pay a fine of Rs. 1000/-each and in default of payment of fine, to further undergo rigorous imprisonment for six months. For offence punish- To undergo rigorous able under Section imprisonment for ten 460 of the I. P. C. years and to pay a fine of Rs. 1000/- each and in default of payment of fine, to further undergo rigorous imprisonment for six months.

(2.) BOTH the sentences were, however, ordered to run concurrently with a direction to set off the period already spent by the appellants in detention. On recovery of the amount of fine, a sum of Rs. 5000/- was also directed to be paid to Smt. Rekha widow of Ram Kirpal.

(3.) DURING the night of 2nd and 3rd of july, 1993, the appellants along with their accomplices are said to have come to T. D. K. Valves Factory. Basti Bawa Khel. Jalandhar where complainant Chander parshad (PW5) and Ram Kirpal deceased were employed as watchmen and both of them used to stay within the premises. The complainant and Umesh Sharma. his brother in law, who was sleeping with him, on bearing some noise, got up and noticed that five persons, by entering from the back side, were going towards the main gate of the factory. Out of these, three persons belonged to Nepal and were known to him, whose names were Mani Lal, Bishan bahader and Gurbahader. Mani Lal was armed with a dagger, Gurbahader was armed with Kulhari and other three persons were armed with dangs. The complainant and Umesh Kumar raised 'raula' upon which ram Kirpal and his family members, who were sleeping near the main gate of the factory, woke up. On being questioned by Ram kirpal, the appellants and their accomplices attacked him with their respective weapons. Upon this, the wife and children of Ram kirpal tried to intervene, but they were also caused injuries. When the complainant and others reached near the place of occurrence, the assailants fled away. In the meantime, ram Kirpal succumbed to the injuries.