VIPAN KUMAR AND ORS. Vs. THE STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Five accused namely Kulfi Ram alias Ram Saran Dass (A -1), Vipan Kumar (A -2), Smt. Parkasho Devi (A -3), Raj Pal (A -4) and Jasbir Singh (A -5) were tried for offences under Sec. 302 read with Ss. 147, 148 and 149 of the Indian Penal Code by Sessions Judge, Una. The Sessions Judge acquitted Kulfi Ram alias Ram Saran Dass and convicted A -2, A -4 and A -5 for offence under Sec. 325, I.P.C. for causing grievous hurt to deceased Raj Kumar and sentenced to pay a fine of Rs. 10,000 each and in default of payment of fine to undergo simple imprisonment for two years each. Out of this amount of fine, each accused is directed to pay Rs. 8,000 as compensation to the wife and children of the deceased and in their absence to the mother. A -2 and A -3 were convicted for the offence under Sec. 323, I.P.C. for causing simple injuries to PW Smt. Bhagwani Devi and sentenced to pay fine of Rs. 1,000 each and in default of payment of fine to suffer simple imprisonment for three months each. The entire amount of fine was ordered to be paid as compensation to complainant Smt. Bhagwani Devi. A -5 was also convicted for offence under Sec. 323, I.P.C. for causing simple injury on the person of PW Malkiat Singh and sentenced to pay a fine of Rs. 1,000 and in default of payment of fine to suffer simple imprisonment for three months. The amount of fine is ordered to be paid as compensation to injured Malkiat Singh.

(2.) The accused persons have preferred Criminal Appeal No. 264 of 1990 against their conviction and sentences whereas the State of Himachal Pradesh preferred Criminal Appeal No. 441 of 1990 against the acquittal of the accused persons under Ss. 143/148/302/323 read with Sec. 149, I.P.C. We proceed to decide both the appeals by this common judgment, as they arise out of the same incident and single judgment of the trial Court.

(3.) The facts that emerge from the prosecution case may briefly be stated: