HIGH COURT OF JAMMU AND KASHMIR
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RIZVI, J. -
(1.) THE appellant was tried by the learned Sessions Judge, Poonch for the offence Under Sections 302 and 201 of the R. P. C. For the former
offence, he was sentenced to life imprisonment, and for the latter to 5
years rigorous imprisonment. The two sentences were ordered to run
concurrently. This appeal has been filed against the said judgment and
order of the learned trial Court, on the grounds mentioned in the
memorandum of appeal.
(2.) THE learned Sessions Judge having awarded life imprisonment to the appellant/accused for the offence Under Section 302 RPC, he has made
a reference for the confirmation of sentence.
(3.) BY this order, we shall dispose of the criminal appeal as also the criminal reference, mentioned above.
In brief, the prosecution case is that, in the morning of 25th October, 1980 the dead body of one Jar nail Singh R/e Village Khanetar.
District Poonch who was a teacher, was found in a near by Nallah with
some injuries on his person by his cousin brother Ajaib Singh and his son
Parkash Singh. One Ajaib Singh, a step brother of the deceased, lodged a
report with the police concerned, in this behalf. During the course of
investigation, it was revealed to the police that, en the evening of 24th
October the deceased had taken wine with the accused, and the P. W. Surat
Singh who are both drivers of B. S. F. at the shop of Om Parkash P. W. at
Khanetar. Allegedly, the accused and the deceased had some altercation
during the course of drinking. The deceased left the said shop at about 7
P. M. alongwith the accused and Surat Singh P. W. aid were last seen
going towards Nallah - The police, therefore, suspected the accused as
also Surat Singh. The accused was arrested on 29.10 -1980. From the search
of his bedding and trunk in a B. S. F. tent, some of his clothes were
seized which were, allegedly, blood stained. Then on 11 -11 -1980 on his
disclosure, a Dah as a weapon of offence was, allegedly, recovered from
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