BISHAN DASS Vs. STATE

JUDGEMENT

(1.) Although the appeal at hand, age-wise, cannot be said to be old one being filed in year 2009 only, yet keeping in view the fact that the appellant is languishing in jail for the last fifteen years, we are giving priority to it. The delay caused in this case is primarily attributable to the accused side as the co-accused of the appellant here, who was granted bail during trial, did not appear and declared proclaimed offender under Section 512 of the Code of Criminal Procedure, Svt. 1989 (hereinafter to be referred to as 'Code') Judicial wrangles are also the contributory cause for the delay.

(2.) Appellant before us is Bishan Dass S/o Gauri Ram R/o Village Songal, Tehsil Akhnoor. He stands convicted under Section 302 Ranbir Penal Code (RPC) vide judgment dated 28.11.2008 passed by Sessions Judge, Jammu and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.50,000/-, in default thereof, to further undergo imprisonment of the like nature for a period of one year. His conviction is subject to the confirmation by this Court as per Section 374 of the Code. As such Confirmation No. 13/2008 which also stands admitted.

(3.) It needs to be mentioned here that the appellant stands acquitted of the charges punishable under Sections 307 RPC, 3/25 and 5/27 Arms Act. State has chosen not to file any appeal against the acquittal earned by him for the said offences.