BODH RAJ Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) These four appeals relate to a Division Bench judgment of the Jammu and Kashmir High Court dated 31-7-2000. While Criminal Appeal Nos. 921/2000, 791/2001, 792/2001 have been filed by the accused, Criminal Appeal No. 837/2001 has been filed by the State.

(2.) Ravinder Kumar (accused No. 1), Ashok Kumar (accused No. 2) and Rajesh Kumar (accused No. 6) were convicted by the trial Court while Bodhraj (accused No. 3), Bhupinder (accused No. 4), Subash Kumar (accused No. 5) and Rakesh Kumar (accused No. 7) were acquitted by the trial Court, but the High Court set aside their acquittal and convicted them. Rohit Kumar (accused No. 8) and Kewal Krishan (accused No. 9) were acquitted by the trial Court and their acquittal has been upheld by the High Court. Another accused i.e. Kishore Kumar was acquitted by the trial Court. He having died during the pendency of the appeal before the High Court, the appeal against him was held to have abated. Accused-Rajesh Kumar has not preferred any appeal against the conviction as upheld by the High Court.

(3.) Accused No. 1 and accused No. 2 having been convicted under S. 302 read with S. 120-B of the Indian Penal Code, 1860 (in short the 'IPC') were sentenced to suffer imprisonment for life and pay a fine of Rs. 20,000/- each. It was stipulated that for default in paying the fine, each had to suffer another year of imprisonment. Similar was the case with accused No. 6. So far as the accused Nos. 3, 4, 5 and 7 are concerned, the High Court convicted and sentenced them at par with the other three accused.