JUDGEMENT
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(1.)Leave granted in SLP (Crl. ) No. 1333 of 2000.
(2.)The appellant Bhura Ram and eleven others were charged for the offences punishable under Sections 147, 302, 323, 379 and 149 of the Indian penal Code for assaulting Rooparam and having murdered him. The trial court on detailed examination of the evidence acquitted the seven accused. The appellant was convicted for the offences punishable under Sections 147, 302, 323/149 and 379/149 1pc. For offence under Section 302 IPC, life imprisonment besides fine was imposed on him. In respect of other offences, varied sentences were imposed. Besides the appellant, four other accused, namely, Kesra Ram, Moola Ram, Sohan Lal and Bhanwar Lal were convicted for the offence under Sections 302/149 and imprisonment for life and fine was imposed on them.
(3.)On appeal the High Court maintained the conviction and sentences of the appellant for offence under Section 302 IPC and other offences. The conviction of Moola Ram, Sohan Lal and Bhanwar Lal for offence under sections 302/149 IPC and the consequent sentence for the said offence was set aside resulting in their acquittal for the offence of murder of Rooparam. Kesra Ram died during the pendency of the appeal before the High Court. The conviction of Moola Ram, Sohan Lal and Bhanwar Lal for offence punishable under Sections 147, 323/149 and 379/149 IPC was sustained and to that extent their appeal was dismissed. The order of sentence passed by the trial court for these offences on these three accused was set aside and instead they were released on probation of good conduct.
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