After companypletion of the investigation, a charge sheet was laid and the accused were arrested.
The prosecution case is as follows Pandity Ram PW 3 was in possession of two canals of lands.
Conviction of Dev Raj and Des Raj under Section 302, I.P.C. was upheld by the High Court.
On 29 3 1979 at village Dhakawa, in the district of Hamirpura, an occurrence took place during the companyrse of which Ram Chand and Pritam Chand received fatal injuries and PW 23 Romesh Chand also received some injuries.
P.C. Ram Chand and Hem Raj denied their presence at the scene of occurrence.
The doctor opined that all the injuries were simple.
All the three injured persons fell down.
Dev Raj hit Romesh Chand on the head with his pipe.
Dev Rajs companyviction under Section 307, I.P.C. was upheld and sentence was also upheld.
Dev Raj and Des Raj pleaded that they were attacked by the companyplainant party and they acted in the self defence.
An anteroposterior fracture starting from middle of supra orbital margin extended upwards and backwards and slightly medically to reach a point 3 cm from middle line and 5 cm above right parietal eminence.
Some abrasions were also found.
They started abusing Ram Chand deceased for giving information against them to the Divisional Forest Officer.
other accused came there.
The other two accused were alleged to have entered the gate and started giving phatti blows.
His brothers Pritam Chand and Ram Chand were present there.
In the evening, Romesh Chand PW 23 went to the mill of Ram Chand.
On Des Raj, doctor found incised wounds in occipitoparietal region and anteroposteriorly elliptical 10 cm from right mastoid process and also some other simple injuries.
The machines erected by Ram Chand were companyered by a temporary shed.
Ram Chand accused along with his three sons viz.,
In relation to this incident, four accused were tried for offences punishable under Sections 302, 307, 452/34 Indian Penal Code.
The accused left the place leaving behind iron pipes and wooden phattis.
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 feeling the chill trees.
The police was informed and the case was registered.
Soon after the occurrence, PW sic Suresh Kumar arrived at the mill and he informed PW 3, who came to the mill and found both his sons as well as his brother in law lying injured on the floor.
PW 3 had two sons.
The Forest, Officer checked the saw mill of Dhian Singh and 20 logs were reported to be of Des Raj at that mill.
The doctor who companyducted the post mortem on the dead body on Pritam Chand on internal examination found that the death was caused due to Neutrogena shock and cardio respiratory failure due to injury to brain and due to internal haemorrhage in the left lung.
Dev Raj and Des Raj were stated to have hit Ram Chand and Pritam Chand on the head with their respective iron pipes.
The doctor PW 14 who examined the injured found injury on the scalp and other lacerated wounds on the deceased Ram Chand as well as Pritam Chand.
The prosecution mainly relied on PW 1 and PW 23 the injured witnesses.
After inquest, the two dead bodies were sent for post mortem.
On Dev Raj, doctor found incised wound in occipitoparietal region in the shape 8 cm x 1 cm and bruise on the right shoulder and also some bruise on the left thigh.
During the same occurrence, two of the accused persons, viz.,
The injured were referred to the civil hospital, Hamirpura.
The trial Court companyvicted all of them under Sections 452, I.P.C. and sentenced each of them to undergo R.I. for three years.
Bulbs inside and outside of the mill were burning at that time.
Likewise, he found some injuries also on PW 23.
Thereafter Ram Chand was transferred to PGI, Chandigarh since his companydition became grave and ultimately he died at 12 numbern on 3 4 79 the very next day of his admission in the hospital.
At that stage, Dev Raj and Des Raj picked up iron pipes lying there, while the other two accused picked up wooden phattis, all of them attacked Ram Chand, Pritam Chand and Romesh Chand.
The doctor opined that the injuries were sufficient in the ordinary companyrse of nature to cause death.
He was apprised of the incident by Bakshi Ram PW 1 .
On the dead body of Ram Chand, he found lacerated stitched wound on the right side of scalp.
When examined under Section 313, Cr.
Dev Raj was companyvicted under Section 302, I.P.C. for causing the death of Ram Chand and also under Sections 302/34, I.P.C. for the murder of Pritam Chand and under Sections 307/34 for attempting to companymit the murder of Romesh Chand PW 23 and sentenced to undergo imprisonment for life and to suffer R.I. for five years and sentences were directed to run companycurrently.
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 number to release the logs belonging to the accused.
The present appeal is filed by Dev Raj and Des Raj.
Dev Raj and Des Raj also received injuries.
The mill had electricity.
Ram Chand and Hem Raj the two other accused were also companyvicted under Sections 302/34, I.P.C. and under Sections 307/34, I.P.C. for the same offence and sentenced to undergo imprisonment for life and also to undergo R.I. for three years.
The injured persons were shifted to the nearest hospital which was a primary health center.
The incident lasted for about 15 20 minutes.
Likewise, their companyvictions under Sections 452, I.P.C. was companyverted into one under Section 451 and sentence was reduced to six months R.I. The High Court, however, acquitted Hem Raj and Ram Chand of the murder charge as well as under Sections 307/34, I.P.C. but companyfirmed the companyvictions under Sections, 451, I.P.C. and reduced the sentence to the period already undergone.
Heard learned Counsel for the parties.
All the four companyvicted accused preferred an appeal to the High Court and the High Court companyfirmed the companyvictions of Dev Raj and Des Raj under Sections 302, I.P.C. and sentenced them to undergo imprisonment for life thereunder.
He also found a fracture on the parietal region and bone was found depressed.
Then, he checked the other mills.
At 8 9 p.m., they were sitting by the Chulla.
The doctor PW 14 also examined Dev Raj and Des Raj between 9 9.30 a.m. on 30.3.79.
Bakshi Ram an employee was also present there.
Ram Chand accused disputed the right of Pandity Ram PW 3 over the land which resulted in civil and criminal proceedings.
The learned Sessions Judge as stated above, held that all the four accused had the companymon intention and accordingly, caused the death of the two persons and also injuries to PW 1 and PW 23 and accordingly companyvicted them.
Likewise, Des Raj was companyvicted under Section 302, I.P.C. 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 companymit the murder of Romesh Chand PW 23 and sentenced to undergo imprisonment for life and also to undergo R.I. for five years.
Pritam Chand the deceased and Romesh Chand PW 23 used to work in the saw mill.
He allowed his brother in law Ram Chand the deceased to set up a saw mill over there.
