- (1.) These are the separate appeals, one filed by Makhan Ram son of Gulzara Ram, and the other jointly filed by Daljit Kumar @ Dulla son of Sarna Ram and Pappu @ Hans Raj son of Geju @ Gurmej Singh, against their conviction and sentence passed by learned Sessions Judge, in Sessions Case No. 56 of 2005 vide judgment dated 21.09.2007, holding them guilty of the offences under Sections 302 and 302 read with Section 34 of the Indian Penal Code (for brevity 'IPC'). Makhan Ram, appellant has been sentenced to undergo imprisonment for life under Section 302 IPC and to pay fine of Rs. 3000/-, in default thereof to further undergo rigorous imprisonment for one and half year, and under Section 302 read with Section 34 of IPC, for life imprisonment and to pay fine of Rs. 1,000/- and in default thereof to further undergo rigorous imprisonment for six months. Similar sentences have been awarded to appellants, Daljit Kumar @ Dulla and Pappu @ Hans Raj. By this common judgment, both the appeals are being decided as these arise out of the judgment dated 21.09.2007 passed by the learned Sessions Judge, Jalandhar.
(2.) The charges against the appellants were for offences under Sections 148, 302, 302 read with 149 of IPC as they were allegedly the members of an unlawful assembly consisting of these accused, and Ricky son of Kewal Ram, Seebo wife of Gulzara Ram, Kulwinder Kaur wife of Jaswinder Singh, but the later three have been acquitted of the charges framed against them by the trial Court, by giving them benefit of doubt.
(3.) The substantive charge against Makhan Ram, appellant and Ricky (since acquitted) was for offence under Section 302 IPC, for intentionally causing the death of Amar Nath @ Maddi and the other co-accused for offence under Section 302 read with Section 149 IPC . The other substantive charge was against Daljit Kumar and Pappu @ Hans Raj, appellants, in the other appeal, for offence under Section 302 IPC for intentionally causing the death of Rajji wife of Amar Nath, and the other accused for offence under Section 302 read with Section 149 IPC.;