BALWANT SINGH Vs. STATE OF J&K
LAWS(J&K)-2006-7-15
HIGH COURT OF JAMMU AND KASHMIR
Decided on July 07,2006

BALWANT SINGH Appellant
VERSUS
STATE OF JANDK Respondents

JUDGEMENT

- (1.) THIS judgment shall dispose of Crl. Appeal No. 14/2000, Crl. appeal No.15/2000, Acq. Appeal No.67/2000 and Criminal Reference No. 19/2000, as these arise out of common judgment dated 01 -08 -2000 and order dated 16 -08 -2000.
(2.) THE case of the prosecution case is that on 11.05.1994 at about 6.30 AM, Ram Lal, complainant, accompanied by his brother Kuldeep Raj went to cut green fodder (Barseen) in their field. They were busy in cutting 'Barseen and their brother Ajit Ram, deceased passed nearby them while going for answering the call of nature in his field. All of a sudden they heard the cries 'Bachao Bachao. On this they got up and saw that accused -Balwant Singh alias Kaku, Jaswant Singh alias Ludha and Avtar Singh alias Guddu armed with Tokas had attacked the deceased and were inflicting the injuries. They ran to the spot to save their brother. People who were working in their fields also attracted towards spot and on seeing them accused -Balwant Singh, Jaswant Singh and Darshan Lal ran away on the Scooter which was parked on the road towards Ranbir Singh Pura, whereas Avtar Singh alias Guddu, ran away from the spot on foot. On the basis of statement of Ram Lal, FIR No. 119 of 1994 under sections 302/34 RPC and 4/25 Arms Act, was registered by SI Sukhdev Singh, vide EXPW SS.
(3.) SI Sukhdev Singh, accompanied by other police officials alongwith Ram Lal, complainant and Parkash Chand went to the spot and prepared site plan EXPW SSI and also take into possession the blood stained earth EXPW Pl/1. The dead body was taken into possession and the same was sent for postmortem examination to Government Hospital, Ranbir Singh. Pura. After the postmortem examination the dead body was handed over to Ram Lal, complainant. Si Sukhdev Singh arrested accused -Balwant Singh and Krishan Lal on 22 -06 -1994. Krishan Lal was also interrogated. On interrogation he made a disclosure statement EXPW 1/9 that he had got concealed the 'Khokri in the Cow shed and the blood stained cloths in the residential house. In pursuance of the disclosure statement he got recovered the 'Khokri as well as the blood stained clothes from the place of disclosure and the same was taken into possession.;


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