KAKA RAM Vs. STATE
LAWS(J&K)-1986-11-14
HIGH COURT OF JAMMU AND KASHMIR
Decided on November 28,1986

KAKA RAM Appellant
VERSUS
STATE Respondents

JUDGEMENT

- (1.) THE present appellant -Kaka Ram son of Sant Singh, resident of Dhangri, Tehsil Akhnoor has been convicted by Additional Sessions Judge, under Session 302 and 307 of the R.P.C. and sentenced to death and to a token fine of Rs.5/ - for the murder of his brother -Balwant Singh and his wife Smt. Sumitri and to suffer rigorous imprisonment of two years and a fine of Rs. 50/ - for attempt to murder Neeta Devi by order dated June 29, 1983. The Additional Sessions Judge placed this case before this Court for confirmation of death sentence imposed on the accused. The accused -appellant has also filed an appeal through Superintendent, Central Jail. Jammu against the said conviction and sentence.
(2.) BRIEFLY stated the facts, out of which the prevent appeal arises are that prosecution alleged that Kaka Ram had a younger brother -Balwant Singh, who was employed in the Army and was carrying with him his family at the place of his posting prior to his retirement. That two brothers, namely, accused and the deceased Balwant Singh had the joint land, which was cultivated exclusively by the accused in the absence of his brother while he was in service, who was utilizing the fruits of the entire land. Just a month before the present occurrence, the deceased was relieved from the Army -Service and returned to his village Dhangri and asked his brother to provide him shelter and also allow him to cultivate along with him the joint land, to which the accused flatly refused. Failed in the attempt, deceased pitched a tent at a short distance from the house of the accused in his own land and started living there along with his family members. Whenever a demand was made by the deceased of his share out of the land the accused would avoid him and instead demanded share from the deceased out of his pay which he earned while in army service. It is alleged that few days prior to the date of the present occurrence, the accused had cut bajra crop from the land in question out of which deceased demanded his share, but to no result. On November 18, 1977, the fateful day at about 11.30 P.M. both Kaka Ram and Balwant Singh were heard crying hoarse about the share of bajra crop when accused ironically told him that he would be giving his share to him. Accused carrying an axe went running towards the tent of Balwant Singh the deceased, who was standing outside his tent, the accused Kaka Ram struck him with his axe in the neck, who fell down when further blows were given by the very axe by the accused. Meantime Smt. Sumitri wife of Balwant Singh also deceased came out of the tent and asked the accused as to why he was beating her husband. The accused instead giving any reply saying that not only him but he would finish his whole family and immediately struck a blow with the same axe on her neck also, who also fell down and further blows were given on her by the accused. The accused also gave a blow with axe to Kumari Neeta Devi, a minor daughter of deceased Balwant Singh, which hit over her left eye. The accused fled away from the spot thereafter.
(3.) KUMARI Vaishno Devi aged about 12 years, another minor daughter of the deceased Balwant Singh, who also saw all the incident after the occurrence raised an alarm and awoke her younger brother Neelam Singh along with her younger sister, the injured Neeta Devi and younger brother Neelam Singh, all the three went to the house of their mothers sisters husband Geetan Singh and told him that the accused had murdered their parents with an axe and injured Neeta Devi, her younger sister. It is also stated that the incident was also seen by PW Billa Ram and his son Som Nath. First Information Report of the occurrence was lodged in Police Post, Jiyorian at about 4 A. M. by the village Lumberdar, Rasal Singh, who has been examined as PW -2 in the company of Onkar Singh, Geetan Singh and Billo, PWs 3, 4 and 5 on November 19, 1977. The police arrived on the spot and investigated the matter. During the course of investigations, the two bodies were post -mortemed and Neeta Devi was also examined by the Doctor with regard to the injuries on her person. The photographs of the place of occurrence were taken and blood stained earth was also taken from the spot. The alleged weapon of offence axe was also seized from the roof of the house of the accused in his absence. Blood -stained articles so seized were sent for Chemical Analysis to the Chemical Examiner. Statements of the prosecution witnesses under Section 161 of the Code of Criminal Procedure were recorded. In the postmortem report, the Medical Officer found that the two deaths had been caused due to shock and multiple injuries with some sharp heavy weapon. With regard to injury on the person of Kumari Neeta Devi, the doctor opined that it was a simple injury caused by sharp edged weapon. On a querry made by the police, the Medical Officer stated that the injuries to both the deceased and their daughter could be caused by the axe, which was seized by the police during investigation. It was also found during the investigation that the accused had sold a golden nose ring of his wife to Gold Smith PW Rajinder Kumar for a sum of Rs. 170/ - at about 10 A.M. on November 18, 1977 on the evening of which murders were committed. The accused fled away on that very night, since then the police was after him, when all efforts to trace him failed a police report was filed on June 10, 1978 in the Court of Judicial Magistrate, Akhnoor, who issued a general warrant of at rest against the accused under the provisions of Section 512 of the Cede of Criminal Procedure. On an information received that the accused was working in a Flour Mill at Jullander as a labourer and was living therein, Sh. Gian Chand Sharma, ASI, along with two constables went to Jullundur to apprehend the accused. The accused was apprehended by the above ASI on January 31, 1980 and was brought to Police Station, Akhnoor. The challan against the accused was produced in the Court of Judicial Magistrate, Akhnoor on February 1, 1980. The Judicial Magistrate, Akhnoor committed the case to the Court of Sessions Judge, Jammu for trial on February 4, 1980, in view of the offences committed by the accused under Sections 302 and 307 of the R.P.C. The case was assigned to the Additional -Sessions Judge, Jammu for trial, by whom the accused was charge -sheeted on March 7, 1980 under Sections 302 and 307 of the R. P. C., who pleaded not guilty and claimed for trial.;


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