R. N. Aggarwal, J.: - Kehri along with his three sons, namely, Jagat Singh, Subh Ram and Suresh were sent up for trial on the charge of murdering Chand Ram and further causing grievous and simple injuries respectively, to Lal Chand and Sundho Devi wife of Chand Ram. Lal Chand is the brother of Chand Ram. The learned Additional Sessions Judge who tried the case found Jagat Singh and Subh Ram guilty of the offence of murdering Chand Ram and sentenced each of them to imprisonment for life. Kehri and Suresh were given benefit of doubt and acquitted of the charge of murder. Suresh, however, was found guilty of the offence of causing grievous injury to Lal Chand and sentenced to rigorous imprisonment for one and a quarter years and a fine of Rs. 250/- and in default of payment of fine to undergo rigorous imprisonment for a period of three months. The remaining accused were acquitted of the charges under Ss. 326 and 323 of the Penal Code. Two separate appeals have been preferred one by Jagat Singh and Subh Ram (Crl Appeal No. 177 of 1983) and the second by Suresh (Criminal Appeal No. 175 of 1983). This judgment shall dispose of both the appeals.

2. The accused party with their fam