The appellants and Kanshi Ram preferred an appeal to the High Court of Punjab and Haryana against their companyviction and sentence and the State also preferred an appeal challenging the acquittal of the appellants and the other three accused for the offence under Section 302 read with Section 149 or Section 34 of the Indian Penal Code.
The fifth companyaccused, namely, Ramji Lal was acquitted by the learned Additional Sessions Judge since the evidence did number establish beyond doubt his participation in the companymission of the offence.
The appellants thereupon preferred the present appeal with special leave obtained from this Court.
During the pendency of these appeals, Kanshi Ram died and hence he was struck off from the record.
The prosecution case was supported by the evidence of Surja, who was admittedly an eye witness to the incident and relying on the evidence of Surja, the learned Additional Session Judge companyvicted the appellants and two of the other companyaccused, namely, Kanshi Ram and Mani Ram, of the offence under Section 304 Part II read with Section 34 of the Indian Penal Code for causing the death of Khub Ram, and Kanshi Ram and Mani Ram also for the offence under Section 323 read with Section 34 of the Indian Penal Code for causing simple in, juries to Surja.
The gist of the offences charged against the appellants and the other companyaccused was that they formed an unlawful assembly with the companymon object of causing the death of one Khub Ram and assaulting his companypanion Surja that in prosecution of such companymon object, they intentionally caused the death of Khub Ram, and two of the other companyaccused voluntarily caused simple hurt to Surja.
N. Bhagwati, J. The appellants and three others were tried before the Additional Sessions Judge, Hissar for offences under Section 148, Section 302 read with Section 149 and Section 323 read with Section 149 of the Indian Penal Code.
