Brijesh Kumar, J. - (1.)The above-noted appeals arise out of the judgment and order dated September 20, 2000 passed by the High Court of Himachal Pradesh, Crl. Appeal Nos. 304 and 367 of 1998. The three appeals before us have been heard together and they are being disposed of by one common judgment.
(2.)The appeals preferred by Dharminder and Durga Nand are against their conviction under Section 302/34 IPC for murder of Laiq Ram. They have been sentenced to undergo imprisonment for life and also to pay a fine of Rs. 5000 each and in default of payment of fine, to undergo rigorous imprisonment for a further period of two years. They have also been convicted under Section 307/34 IPC for attempt to murder of Neel Kanth son of Laiq Ram and sentenced to undergo rigorous imprisonment for seven years and also to pay a fine of Rs. 1000/- each and in default of payment of fine, to undergo rigorous imprisonment for a further period of six months. They have also been convicted under Section 323 read with Section 34 IPC for causing simple injuries to Gangawati, wife of Laiq Ram and sentenced to undergo rigorous imprisonment for six months and also to pay a fine of Rs. 500/_ each and in default of payment of fine, to undergo rigorous imprisonment for a further period of two months. So far the appeal filed by the State of Himachal Pradesh is concerned, it has been preferred against acquittal of Hukmo Devi, Promod Kumar and Padma Ram by the trial court and upheld by the High Court.
(3.)According to the prosecution case the incident occurred on 24-10-1995 at about 2.00 p.m. when Gangawati PW-5 on return to her house after cutting grass from jungle, heard the sound of cutting of tree and on going to the spot, she found that the appellant Durga Nand was cutting her Baan tree and the appellant Dharminder was ploughing the field. She wanted to go to her house to inform her son but in the meantime the appellants along with Hukmu Devi, Bhaskra Nand and Bimla Devi attacked her with Dandas. They were also helped by Pramod. She raised alarm, upon which Neel Kanth, her son arrived to rescue her. All the accused persons started beating Neel Kanth. On seeing this merciless assault, Laiq Ram, father of Neel Kanth and husband of PW-5 Gangawati, finding himself helpless to save his son, took up the gun and fired to scare away the assailants as a result of which Durga Nand received injuries on his legs, thighs and abdomen. The accused persons are said to have snatched the gun of Laiq Ram and he was also given lathi blows. They are said to have pushed Laiq Ram and Neel Kanth below the field. Durga Nand gave a blow with pipe on the head of Laiq Ram. As a result of the injuries received, Laiq Ram died at the spot. His dead body was thrown in the Nala. It is further alleged that Neel Kanth who had also received severe injuries was dumped near the dead body of Laiq Ram.