LAL CHAND ALIAS LAL Vs. STATE OF HIMACHAL PRADESH
HIGH COURT OF HIMACHAL PRADESH
LAL CHAND ALIAS LAL
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BHAWANI SINGH, J. -
(1.) This appeal arises out of the judgment of Sessions Judge, Chamba, in Sessions Case No. 12 of 1989 by which the accused before us have been convicted u/ S. 302 read with S. 34 of the IPC and sentenced to rigorous imprisonment for life.
(2.) The prosecution case may briefly be stated thus. The accused are residents of village Ludhera. The deceased, Mahesh Dass, was the husband of accused Vidya Devi. The deceased had four children, namely, Roshan Lal (P.W. 1), Raj Kumari, Kumari Rekha (P.W. 6) and Narain Dass. Raj Kumari has also been joined as accused in this case. However, she being a child, her trial is pending before the children Court at Una.
(3.) According to the prosecution, the deceased and accused Vidya Devi were not having good relations and for about a year before the incident, she had been living at her parents house along with Narain Dass, Rekha and Raj Kumari. However, Raj Kumari, Rekha and Narain Dass were brought back to the house of the deceased by Roshan Lal, who himself was studying in D.A.V. College, Kangra. Other allegations are that accused Vidya Devi was having illicit relations with Sansar Chand, uncle of accused Lal Chand, while her daughter Raj Kumari had illicit relations with accused Lal Chand. The deceased used to object their relationship and this was the cause of the disaffection between the parties. Moreover, accused Vidya Devi had filed a petition u/ S. 125 of the Code of Criminal Procedure against the deceased in the Court at Dalhousie for seeking maintenance and the same was pending on the date of occurrence.;
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