- (1.) This order shall dispose of Criminal Appeal No. 661-DB of 2002 and Criminal Revision No.23 of 2003, as common questions of law and fact are involved in both the cases. For reference, facts are taken from Criminal Appeal No. 661-DB of 2002.
(2.) On the wee hours of 01.05.1999, accused Hem Raj, Randhir Singh (both deceased), Jangli, Ram Singh, Joginder and Dharampal are alleged to have waylaid Maman (deceased) and Rajma and caused vital injuries to them, as a result of which, Maman died. Therefore, all the accused were tried. However, vide judgment dated 07/10.08.2002, all of them, except Ram Singh, were convicted and sentenced as under:- Under Section 302/149 IPC : Rigorous imprisonment for life and to pay a fine of Rs.1,000/- each. Under Section 326/149 IPC : Rigorous imprisonment for five years and to pay a fine of Rs.1,000/- each. Under Section 324/149 IPC : Rigorous imprisonment for two years and to pay a fine of Rs.500/- each. Under Section 323/149 IPC : Rigorous imprisonment for one year and to pay a fine of Rs.500/- each. Under Section 148 IPC : Rigorous imprisonment for two years and to pay a fine of Rs.500/- each.
(3.) Hem Raj and Randhir Singh-accused are reported to have died. Therefore, the appeal qua them stands abated.;