STATE OF JAMMU AND KASHMIR Vs. S MOHAN SINGH
LAWS(SC)-2006-3-66
SUPREME COURT OF INDIA
Decided on March 09,2006

STATE OF JAMMU AND KASHMIR Appellant
VERSUS
S. MOHAN SINGH Respondents


Cited Judgements :-

HABIB VS. STATE OF UTTAR PRADESH [LAWS(SC)-2013-5-2] [REFERRED TO]
FAGNA S/O LALUA PARGI VS. STATE OF RAJASTHAN [LAWS(RAJ)-2018-4-78] [REFERRED TO]
MONILAL MANDI VS. STATE OF WEST BENGAL [LAWS(CAL)-2006-12-42] [REFERRED TO]
RAM CHARAN VS. STATE [LAWS(ALL)-2022-9-30] [REFERRED TO]
DINESHBHAI ALIAS DILIYO HARMANBHAICHAUHAN VS. STATE OF GUJARAT [LAWS(GJH)-2006-7-9] [REFERRED TO]
MONIRUL MOLLA VS. STATE OF WEST BENGAL [LAWS(CAL)-2022-4-149] [REFERRED TO]
MANOJ SINGH VS. STATE OF WEST BENGAL [LAWS(CAL)-2006-9-7] [REFERRED TO]
DILBAG SINGH VS. STATE OF HARYANA [LAWS(P&H)-2006-7-512] [REFERRED TO]
BANTU LALA VS. STATE OF U.P. [LAWS(ALL)-2016-1-111] [REFERRED TO]
BIKRAM DAS PANIK VS. STATE OF ASSAM [LAWS(GAU)-2007-9-11] [REFERRED TO]
STATE OF WEST BENGAL VS. HABU GORAIN ALIAS HABUL GORAIN [LAWS(CAL)-2006-11-1] [REFERRED TO]
ALAM DIN VS. STATE OF J & K. & ORS. [LAWS(J&K)-2010-5-13] [REFERRED TO]
GUIRAM MONDAL VS. STATE OF WEST BENGAL [LAWS(SC)-2013-4-83] [REFERRED TO]
SUDHIN CHANDRA BARMAN VS. STATE OF WEST BENGAL [LAWS(CAL)-2006-9-43] [REFERRED OF]
STATE OF WEST BENGAL VS. DHARMA MAHATO [LAWS(CAL)-2006-9-46] [REFERRED TO]
MANSINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2019-4-19] [REFERRED TO]
CHATUR SINGH VS. STATE OF M.P. [LAWS(MPH)-2018-3-40] [REFERRED TO]
KHALIL AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2015-11-93] [REFERRED TO]
VED PAL AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2015-12-122] [REFERRED TO]
BHAGIRATH SARKAR VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2017-6-57] [REFERRED TO]
DINESH BHAI ALIAS DILIYO HARMANBHAI CHAUHAN VS. STATE OF GUJARAT [LAWS(GJH)-2006-7-85] [REFERRED TO]
AMIRAK YADAV @ AMBRKA YADAV VS. STATE OF BIHAR [LAWS(PAT)-2006-11-118] [RELIED ON ]
GAJU EKNATH PAWAR VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2018-2-107] [REFERRED TO]
GOPAL CHANDRA DAS AND ORS. VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2016-5-7] [REFERRED TO]
RAMBIR SINGH VS. STATE (GOVERNMENT OF THE NCT OF DELHI) [LAWS(DLH)-2009-10-296] [REFERRED TO]
BHAJAN SINGH ALIAS HARBHAJAN SINGH VS. STATE OF HARYANA [LAWS(SC)-2011-7-68] [REFERRED TO]
ARJUN RAM VS. STATE OF RAJ [LAWS(RAJ)-2013-5-190] [REFERRED TO]
HARI NARAIN SHARMA VS. BHANWAR LAL [LAWS(RAJ)-2011-9-55] [REFERRED TO]


JUDGEMENT

B. N. Agrawal, J. - (1.)Respondent No. 1-S. Mohan Singh was convicted by the trial court under Section 302 read with Section 34 of the Indian Penal Code (hereinafter referred to as IPC) and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/-, in default to undergo further imprisonment for a period of six months. Respondent No. 2-S. Prithpal Singh was convicted under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/-, in default to undergo further imprisonment for a period of six months. On appeal being preferred, the High Court acquitted both the respondents. Hence, this appeal by special leave has been filed by the State of Jammu and Kashmir.
(2.)Prosecution case, in short, was that a dispute was going on between Yush Paul Singh son of Ram Lal and one Titu, nephew of Balwant Singh, on the one hand and the two respondents on the other hand and for resolving the same, a meeting was convened on 23rd July, 1985 at 6.00 p.m. on the bank of river near Gurdwara in village Sawan Chak. In the said meeting, no decision could be arrived at, as such, respondent No. 1-S. Mohan Singh is said to have left the meeting in the midway and other people also dispersed after this. Thereafter, Ram Lal heard cries of his son Yush Paul Singh from the compound of Gurdwara and on arrival there, he found that respondent No. 1 had caught hold of Yush Paul Singh and respondent No. 2 was inflicting injuries upon him with knife. Seeing this, Ram Lal made an attempt to catch hold of respondent No. 2 in order to save his son but in the meantime, respondent No. 1 is said to have hurled a stone on him, as a result of which, Ram Lal sustained injuries and fell down. Apart from Ram Lal, the occurrence is said to have been witnessed by Babu Ram (PW 6), Pritam Singh (PW 4), Balwant Singh and Satnam Singh. Thereafter, Yush Paul Singh was immediately taken to the hospital on a truck where the doctor declared him dead. Thereupon, Ram Lal accompanied by witnesses, Pritam Singh and Balwant Singh went to Kathua police station to lodge a first information report whereupon the statement of Ram Lal, a case was registered by the police on the same day i.e., on 23rd July, 1985 at 7.20 p.m. against the respondents. The police after registering the case, took up investigation and on completion thereof submitted charge-sheet, on receipt whereof the learned Magistrate took cognizance and committed the respondents to the court of Sessions to face trial.
(3.)Defence of the accused persons was that they were innocent, had no complicity with the crime, no occurrence much less the occurrence alleged had taken place and the prosecution party had received injuries in some other manner of occurrence at some other place inasmuch as they have been falsely roped in in this case to feed fat the old grudge.


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