- (1.)At the very outset, it needs to be mentioned here that the instant appeal has been taken by us out of turn over other criminal appeals for the reason that the appellant of this case is languishing in jail for the last about 13 years, out of which, more than 11 years have been consumed by the Trial Court.
(2.)One Lokesh Sharma alias Pappu S/o Om Parkash R/o Gangyal, District Jammu (hereinafter to be referred to as 'accused') stands convicted vide impugned judgment/order dated 18.11.2011 & 21.11.2011 respectively of learned Principal Sessions Judge, Jammu for the offences punishable under section 302 RPC and Sections 4/25 Arms Act for allegedly committing the murder of one Jagar Kumar @ Ujagar Ram S/o Bua Datta R/o Shanker Colony Gangyal ( for short 'deceased') with a Kirch ( sharp-edge weapon) on 14.08.1999 at about 10 P.M. in Shanker Colony Gangyal falling with the jurisdiction of Police Station Gangyal. The sentence slapped upon him is life imprisonment under section 302 RPC and a fine of Rs. 10,000/-. Even under the Arms Act also, the learned trial Court has sentenced him for the same dose. This apparently appears to be an irregularity committed by the learned trial Court. Being aggrieved of the judgment of conviction and sentence, he has knocked the door of this Court through Criminal Appeal No. 48 of 2011. The Learned Session Judge has also sent the entire record to this Court for confirmation of the sentence in terms of Section 374 Criminal Procedure Code (State Code). Hence, Cr. Reference No. 17/2011.
Brief facts:-

(3.)PW Rano Devi is the wife of the deceased and the first informant of the occurrence as well. She, on 15.08.1999 at 01.30 A.M. (Morning hours), went to Police Post along with the deceased (who at that time was in an injured condition) and verbally reported about the incident to the police, which was reduced into Report No.30. It is alleged therein that the accused, who is residing in Shanker Colony, Gangyal, which is adjacent to her house, was having an old enmity with her husband and that on 14.8.1999 her husband who was running a Rehri of Potato Cutlet (Aloo-Ticky) near power house Industrial Area, Gangyal, as usual closed his shop and came back home. Thereafter, in order to purchase certain vegetables, he went to the market. It is then alleged that as soon as he went out of the house, she (Rano Devi) heard hue and cry of her husband, upon which, she along with her son reached the spot at a very fast speed and saw that the accused, who was armed with 'Kirch' in his hand, attacked her husband in his stomach one after another, as a result thereof, he fell on the ground in a pool of blood. She then states that after hearing hue and cry, other persons had also reached the spot and thereafter accused ran away. On the aforesaid allegations, the concerned police lodged the report under section 307 RPC and Section 4/25 Arms Act. Injured, was referred to Govt. Medical College, Jammu for treatment. The copy of the report lodged was sent separately to Police Station Gangyal, Jammu through Chaman Lal SGCT No. 633 for registration of formal FIR.