RATTAN LAL Vs. STATE

JUDGEMENT

(1.) APPELLANTS (hereinafter referred to as the accused by their respective names) question the legality of the judgment dated 18.7.1995 propounded by learned Ist Additional Sessions Judge, Jammu, in holding them guilty of commission of offences under section 302 read with section 149 of RPC and sentencing them to undergo rigorous imprisonment for life and a fine of Rs. 50,000/ -, to be shared equally by all the accused persons, and further imprisonment for a term of two years for the commission of offence under section 148 R.P.C and also to suffer simple imprisonment of two years for commission of offence under section 324 RPC, with a stipulation that on the recovery of fine of Rs. 50,000/ -, same shall be paid as compensation to PW Soma Devi, wife of the deceased. However, accused Shanker Dass has since expired and accused Ganesh Dass and Ram Dhan have absconded and thus could not be tried.

(2.) FACTUAL scenario, as described by the prosecution, is essentially as follows:

(3.) ALL the accused persons, except Ganesh Dass and Ram Dhan, came to be apprehended by the police during investigation. On conclusion of investigation, challan was presented. The learned trial court found the accused guilty under sections 302, 324, 148 and 149 RPC and sentenced them accordingly.