Judgment

JUDGMENT - Heard learned counsel for the parties.

2. On 29-3-1979 at village Dhakawa, in the district of Hamirpura, an occurrence took place during the course of which Ram Chand and Pritam Chand received fatal injuries and PW 23 - Romesh Chand also received some injuries. During the same occurrence, two of the accused persons, viz., Dev Raj and Des Raj also received injuries. In relation to this incident, four accused were tried for offences punishable under Sections 302, 307, 452/34 Indian Penal Code. The trial Court convicted all of them under Sections 452, IPC and sentenced each of them to undergo R I. for three years. Dev Raj was convicted under Section 302, IPC for causing the death of Ram Chand and also under Sections 302/34, IPC for the murder of Pritam Chand and under Sections 307/34 for attempting to commit the murder of Romesh Chand (PW23) and sentenced to undergo imprisonment for life and to suffer R.I. for five years and sentences were directed to run concurrently. Likewise, Des Raj was convicted under Section 302, IPC for causing the murder of Pritam Chand and under Sections 302/34 for causing the death of Ram Chand under Sections 307/34 for attempting to commit the murder of Romesh Chand (PW-23) and sentenced to undergo imprisonment for life and also to undergo R.I. for five years. Ram Chand and Hem Raj -- the two other accused were also convicted under Sections 302/34, IPC and under Sections 307/34, IPC for the same offence and sentenced to undergo imprisonment for life and also to undergo R.I. for three years. All the four convicted accused preferred an appeal to the High Court and the High Court confirmed the convictions of Dev Raj and Des Raj. under Sections 302, IPC and sentenced them to undergo imprisonment for life thereunder. Dev Rajs conviction under Section 307, IPC was upheld and sentence was also upheld. Likewise, their convictions under Sections 452, IPC was converted into one under Section 451 and sentence was reduced to six months R.l. The High Court, however, acquitted Hem Raj and Ram Chand of the murder charge as well as under Sections 307/34, IPC but confirmed the convictions under Sections 451, IPC and reduced the sentence to the period already undergone.

3. The present appeal is filed by Dev Raj and Des Raj. It is represented that Des Raj died in the mean time, therefore, the appeal against him abates.

4. The prosecution case is as follows

Pandity Ram (PW-3) was in possession of two canals of lands. He allowed his brother-in-law Ram Chand - the deceased to set up a saw mill over there. The machines erected by Ram Chand were covered by a temporary shed. Ram Chand - accused disputed the right of Pandity Ram (PW-3) over the land which resulted in civil and criminal proceedings. PW-3 had two sons. Pritam Chand- the deceased and Romesh Chand (PW-23) used to work in the saw mill. On 28-3-79, Ram Chand - the deceased made an application to the Forest Officer and he reported that Des Raj and the accused Ram Chand had been illicitly felling the chill trees. The Forest Officer checked the saw mill of Dhian Singh and 20 logs were reported to be of Des Raj at that mill. Then, he checked the other mills. There he met PW-23 and 86 logs were found lying at Srola Nallah. He gave the necessary direction to both the mills and the mill owners were directed not to release the logs belonging to the accused. In the evening, Romesh Chand (PW-23) went to the mill of Ram Chand. His brothers Pritam Chand and Ram Chand were present there. Bakshi Ram - an employee was also present there. At 8-9 p.m., they were sitting by the Chulla. The mill had electricity. Bulbs inside and outside of the mill were burning at that time. Ram Chand -accused along with his three sons viz., other accused came there. They started abusing Ram Chand deceased for giving information against them to the Divisional Forest Officer. At that stage, Dev Raj and Des Raj picked up iron pipes lying there, while the other two accused picked up wooden