Decided on July 21,1986

STATE Appellant
GIRDHARI LAL Respondents


RIZVI, J. - (1.) THE learned Additional Sessions Judge, Jammu has made this Criminal Reference (Reference No. 21/1983) for confirming the sentence of life imprisonment imposed by him on the accused mentioned therein. The said convict has also filed an appeal (Criminal Appeal No. 12/1983) against the judgment and order of the learned Additional Sessions Judge, Jammu dated 12th and 14th of September, 1983 respectively, convicting imprisonment, and a fine of Rs. 500/-. This order shall dispose of the reference, as also the appeal mentioned above, by a common judgment.
(2.) ON 12.7.1982 one Koda Ram Chowkidar of village Chak Harni, Tehsil R.S. Pora accompanied by Khazan Chand Numberdar, and one Chaman Lal made a verbal report at Police Station, Bishnah stating therein, that at about 8 PM of the same day, one Mst Giano Devi told them that Girdhari Lal accused has assaulted her son Mangat Ram (deceased) and injured him. They went on the spot and found that Mangat Ram had succumbed to the injuries. The deceased had received a deep wound caused by some sharp edged weapon on his let armpit, and had bled profusely. The thumb of the right hand was also found cut. The accused was suspecting the deceased to have had illicit relations with his wife. On this report, FIR No. 98 of 1982 for the offence under Section 302 RPC came to be registered. After investigation of the case, the accused was challaned in the Court of the learned Judicial Magistrate Ist Class, R.S. Pora, The learned Magistrate committed the accused to the Court of Sessions. Jammu to stand trial for the offence under Section 302 RPC. The case was transferred to the Court of learned Additional Sessions Judge, Jammu. The learned Additional Sessions Judge charged him for the offence under Section 302 RPC. He pleaded not guilty to the charges, and claimed to be tried. At the conclusion of the trial, the learned trial court convicted him for the offence under Section 302 RPC and sentenced him to imprisonment for life and fine of Rs. 500/-. We have heard the learned counsel for the parties, and have gone through the records :-
(3.) THE learned Additional Sessions Judge has based his judgment on the following grounds :- (1) Direct Evidence; (2) Dying declaration; (3) Disclosure statement of the accused and the recovery of weapon of offence thereupon; (4) The Medical Evidence; (5) Seizure of blood stained earth and blood stained clothes of the deceased; (6) Motive for murder. ;

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