NIRMAL SINGH, J. - (1.)THIS appeal has been filed against the judgment dated 12.6.2002 and order dated 14.6.2002 passed by learned First Additional Sessions Judge, Jammu, vide which the appellant Devkinandan has been convicted and sentenced under section 302 RPC to undergo Rigorous imprisonment of life and fine of Rs. 2.50 lakhs which is to be recovered from the moveable and immoveable property of the accused and will be paid to legal heirs of the deceased, as compensation.
(2.)THE prosecution story is that Ashwani Kumar, complainant, elder brother of deceased had borrowed a sum of Rs. 10,000/ - from Balbir Singh. He had not repaid the same. The accused used to approach Parshotam Lal deceased and his brother Ashwani Kumar for return of the money of Balbir Singh. On 13.3.1998 the accused visited the house of Parshotam Lal, early in the morning and asked for return of money and threatened that in case the money is not returned, the deceased will face the consequences. PW Geeta Devi served tea to the accused. The accused persuaded the deceased to go along with him at which Geeta Devi refrained her husband going with him but the deceased left the house in the company of the accused in presence of Geeta Devi, Anant Ram, his father and Anjali Devi, his daughter. When the accused left the house alongwith deceased, he paid Rs. 10/ - to Anjali Sharma, daughter of the deceased aged 7 years. Thereafter Parshotam Lal deceased did not return to his house.
(3.)SOME one reported to the police that some one is lying in an unconscious condition on the road side at Prem Nagar in front of a shop. On this police came to the spot and removed Parshotam Lal deceased to Government Medical College Hospital Jammu where he succumbed to injuries. Nobody came forward to identify the deceased. His post mortem was conducted and clothes were seized. Sewa Smiti thereafter cremated the dead body.
On 17.3.1998, father of Ashwani Kumar went to Miran Sahib, where one Makhan Lal of Prem Nagar told his father that one person on phone told him that Parshotam Lal had been beaten by some person near Hotel Asia and the said person was demanding Rs. 35000/ - from him. The deceased Parshotam Lal was telling to that man that he was not to pay money to him, but his brother had to pay. His father came back to the house and he narrated this incident to him. Ashwani Kumar alongwith his father went to his brother -in -law Captain Khemnandan at Prana Pind, who advised them to approach Devkinandan. When they went to Devkinandan accused, he became perplexed. They made an enquiry from him about Parshotam Lal, but he did not gave satisfactory reply. Then he told them that they should leave some telephone number and he will disclose them the whereabouts of the deceased. The complainant requested the accused to leave his brother, whatever money is due to him, he would pay to him.