R. C. GANDHI, J. - (1.)Appellants-accused have preferred this appeal questioning their conviction and sentence as recorded by the learned Sessions Judge, Jammu, under the impugned judgment and order dated 28-6-1995, holding them guilty of the charge of murder of Subhash Chander under Sections 302/34, R.P.C. Accused Vinay Kumar and Ram Dass have also been found guilty of possessing sharp edged weapons in contravention of SRO-175 of April, 1974 and further convicted under Section 4/25 of the Arms Act. The appellants are sentenced to undergo imprisonment for life under Section 302 read with Section 34, R.P.C. and appellants Vinay Kumar and Ram Dass are further sentenced to undergo one year's rigorous imprisonment under Section 4/25 of the Arms Act.
(2.)Brief facts of the prosecution case are : that the deceased used to work on dairy owned by Dilbagh Rai, his brother-in-law, and leave his house for dairy early in the morning. On October 22, 1990, the fateful morning of the day of occurrence, he left his house round about 6 a.m. followed by his brother Sikander Arora. It is alleged that while the deceased reached near the dairy, he was attacked by the accused-party. He managed to escape while he was being assaulted and entered the house of one Sunil Kochhar in the same vicinity. The assailants followed him and forced their entry into the house and continued their assault till he fell unconscious. One of the inmates of the house of Kochhars, namely, Hanish Kochhar, was also injured. Leaving the deceased waylaid in the house of Kochhars in Mohalla Jullaka the accused-party fled away. The occurrence is said to have been witnessed by the prosecution witnesses, Sikander Arora, brother of the deceased and one Ram Parshad, his friend, who also used to fetch milk from the dairy daily and met in the way to Sikander Arora who was following the deceased to the dairy. FIR was registered on information from reliable sources at about 7 a.m. under Sections 307/147/148/149, R.P.C. and 4/25 of the Arms Act which was subsequently converted to under Section 302, R.P.C.
(3.)The prosecution presented the challan in the Court against the accused who pleaded not guilty and were put to trial. The prosecution, to prove the guilt, examined 11 witnesses out of 16 cited in the challan before the trial Court. Besides, the prosecution produced circumstantial, direct and medical evidence, discovery of weapons in support of the charge. The trial Court relying upon the evidence has convicted and sentenced the accused as mentioned hereinbefore.