Kanwaljit Singh Ahluwalia, J. - (1.) THE present appellant, Ram Dayal @ Gudda S/o. Dhulilal, his brother Jagdish and father Dhulilal were tried by the court of Additional Sessions Judge (Fast Track) Chhabra, District Baran for having committed the murder of Mallu @ Karan Singh on 20.12.2006 at 7:00 PM.
(2.) THE trial Judge holding that it is a case of free fight had not applied Section 34 IPC, so far offence under Section 302 IPC is concerned. It will be apposite here to reproduce Para -17 of the judgment, as under: - - Having held that Section 34 IPC is not applicable, the trial Judge convicted the present appellant Ram Dayal @ Gudda for the offence under Section 302 IPC and his brother Jagdish and father Dhulilal under Section 323 IPC by recording their acquittal for offence under Section 302/34 IPC. Vide a separate order of even date, the trial Judge sentenced the appellant Ram Dayal @ Gudda and his two co -accused as under: "U/s. 302 IPC - to undergo life imprisonment and to pay a fine of Rs. 1,000/ -, in default of payment of fine to further undergo six months R.I. U/s. 323 IPC - to undergo six months S. I."
(3.) AGGRIEVED against his conviction and sentence, the appellant Ram Dayal @ Gudda has preferred the present appeal to assail the judgment of conviction and sentence.;