SWARAN LAL Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) pellant herein being aggrieved against his conviction under section 302 of the RPC and sentencing him to life imprisonment and also against his conviction under sections 451/34 RPC sentencing him to undergo six months rigorous imprisonment by learned First Additional Sessions Judge, Jammu by his order dated December 19, 1984 filed this appeal praying for setting aside his conviction and sentences imposed on him. The learned first Additional Sessions Judge, Jammu in Sessions Trial No. 12 of 1984, wherein six accused persons including the present appellant were charged for offences under sections 302/307, 148/149, 452 RPC found appellant guilty under section 302 RPC for the murder of one Lal Singh committed on April 8, 1984 at Village Abdal in Tehsil R.S. Pura, District Jammu. He was also found guilty under sections 451/ 34 RPC alongwith three more accused persons, namely, Baldev Ram, Chain Ram, and Joginder. All of whom were convicted and found guilty under section 451 read with section 34 of the RPC and sentenced to six months rigorous imprisonment each. The remaining two accused Mst. Gians and Mst. Samitro were acquitted by the learned First Additional Sessions Judge giving them benefit of doubt. There is no State appeal, however, reference made by the learned First Additional Sessions Judge under section 314 of the Code of Criminal Procedure for confirmation of sentence imposed under section 302 RPC against the present appellant was also tied up and heard together with this appeal. Only the present appellant has chosen to prefer the appeal against his conviction as stated hereinabove.

(2.) Precisely the story of the prosecution goes to show that a dispute arose between the two neighbours, the accused-persons on the one side and the deceased Lal Singh and his son Jangbir Singh P.W. 1 with respect to a well on April 8, 1984 in village Abdal, Tehsil R.S. Pura, District Jammu after 7 p.m. It is alleged that when P. W-1 Jangbir Singh was returning after offering prayers in connection with Navtratra of Devi Pujan from the house of one Sandhoor Singh, he saw near his house in the passage Swafan Lal the present appellant and other five accused persons, namely, Mst. Giano, Chain Ram, Joginder, Baldev Ram and Mst. Samitro. Out of the six accused persons named above, Chain Ram and Joginder Lal were having bamboo sticks in their hands and others were handed. They challenged the complainant Jangbir Singh, who also suffered injuries. When the accused persons, it is alleged were beating P. W-1 Jangbir Singh, his father decelsed Lal Singh intervened who was inside the house. On his intervention, it is alleged he was also beaten and the appellant by throwing him on the ground overpowered him and pressed his testicles with both the hands causing his death immediately after the said incident took place. FIR was lodged by P.W-1 Jangbir Singh at Police Station, R.S. Pura with all promptness on that very day at about 10.45 p.m. The Police Station is at a distance of about 8/9 Kms. The case, was, therefore, registered and investigated. On investigation, the prosecution was filed before the Committal Court, which was received by Sessions Judge, Jammu on may 22, 1984, and was made over for trial to the Court of 1st Additional Session Judge, Jammu on that very day, who charge sheeted the accused persons as indicated above. The accused persons pleaded not guilty and claimed for the trial.

(3.) During the course of the trial, the prosecution examined 13 witnesses including Investigation Officer, namely, PW Jangbir Singh son of the deceased lal Singh, PW Nasib Singh PW Mst. Kamlesh Devi, PW Smt. Sushma, PW Yashpal Singh PW Sansar Singh, PW Ghar Singh, PW Chain Singh, PW Vijay Kumar, PW Rattan Lal, Dr. Baldev Raj Sharma and PW Balwant Rai, the Investigating-Officer.