Decided on November 20,1986

STATE,JAI RAM Respondents


R.P Sethi, J. - (1.) The deceased and his real brother, the accused had a dispute about the water channel irrigating their land in village Argi Tehsil Rajouri. This dispute led to the most unfortunate occurrence which resulted in the death of Prithvi Raj by gun-shots and axe blows inflicted by the appellant-accused. It is alleged by the prosecution that on the morning of 5-7-1981 there was a heated exchange between two brothers in which the appellant is alleged to have threatened to kill the deceased who told about this accident to his wife Smt. Ram Piarai P.W. No.7. Both the husband and the wife approached Kala Ram P.W. No.2 for effecting a compromise and settlement of the disputes between two brothers. On his suggestion Smt. Ram Piarai approached Mir Mohammad P.W. No. 1 for the said purpose. Both the aforesaid witnesses persuaded the brothers to share the water equally. They succeeded to defuse the situation 1 for sometime but thereafter the accused who was armed with a rifle and a axe fired at the deceased with his rifle. After receipt of the short in his arm and pierced him through the chest, deceased got up an4 tried to ran away but the accused followed him and gave two axe blows killing him on the spot. Every one present is alleged to taken aback by the sudden - development in which the deceased was killed by the accused. The accused thereafter went to Rajouri, which is about 16 Kilometers from the place of the occurrence and lodged FIR No. 115 of 1981 stating therein that he has killed his brother with a gun-shot and axe blows. In token of the lodging of the FIR, the accused-appellant signed the FIR. EXPW 15.
(2.) In order to prove the accusations made against the accused-appellant the prosecution produced Mir Mohammad, Kala Ram, Baldev Singh, Devi Singh, Babu Ram, Tirath Ram, Soot. Ram Piarai, Ashok Kumar, Shambu Nath, Zamand Hussain. Mohd Sadiq, Javid Iqbal and Keval Krishen Investigating officer as their witnesses. The appellant vide his statement recorded on 21st October. 1983 refused to produce any defence evidence.
(3.) After appreciating the evidence and the documents produced in the case, the Sessions Judge found the appellant guilty for the commission of an offence punishable under section 302 RPC vide his order dated 20-11-1983. The Sessions Judge, vide his order dated 3-12-1983 held that on account of the aggravating circumstances existing in the case the accused-appellant be awarded the maximum penalty of death by hanging him from the neck till he was dead.;

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