THAKAR DAS Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Thakar Das accused against his conviction for an offence Under Section 307 of the Ranbir Penal Code for which he was sentenced by the Additional Sessions Judge, Jammu, to undergo four years rigorous imprisonment with a fine of Rs. 25/- and in default of payment of fine to undergo fifteen days rigorous imprisonment.

(2.) THE prosecution story briefly stated is as follows : On the night of the 27th Jeth, 2016, at about 9 O'clock Altaf Hussain returned from a certain village where he had gone to purchase some poultry and eggs for his shop. The accused met Altaf Hussain near his shop and demanded the money due from him. Altaf Hussain told him that he had no money on him and, therefore, was not able to pay him. At this the accused was exasperated and pointing his pistol towards Altaf Hussain told him that he would recover the money due to him. Altaf Hussain, it is alleged, handed over Rs. 60/. to the accused and asked him to retain the money due from him and return the rest. The accused is alleged to have told Altaf Hussain that he would recover five hundred rupees from him. Altaf Hussain was unable to pay and the accused is alleged to have fired two shots which, missed the mark but the third shot fired by the accused hit him on the back of his right shoulder. and the bullet passed through his body injuring his lung, Altaf Hussain fell down on the ground wherefrom he was removed to Batote Hospital on u charpai with the help of some coolies arranged on spot by Habib Ullah. The Medical Officer attended upon him and prepared his examination report and informed the Sub-Inspector of Police about his precarious condition. Mohd, Aslam, Station House 'officer, at. once came to the Hospital and recorded the dying declaration of Altaf Hussain. Tehsildar Magistrate Ram-ban was informed of this occurrence and he also came to the Hospital and recorded the statement of the injured person on 10-61959. The blood-stained garments on the person of Altaf Hussain were seized by the Police and the pistol and a belt of 12 live cartridges were seized from the house of the accused. The accused was arrested on that very evening. He was committed to Sessions by the Munsiff Magistrate first class Ramban for an offence Under Section 307 R. P. C.

(3.) THE prosecution has produced Habib Ullah, Gulab Bibi wife of Altaf Hussain, Begum, his sister and Ali Mohd. husband of Begum and brother-in-law of Altaf Hussain and Samad Batt, father of Altaf Hussain. There is no eye witness of the occurrence. All these prosecution witnesses came on the spot soon after the occurrence and saw Altaf Hussain in an injured condition. Out of the prosecution witnesses Habib Ullah alone is a disinterested witness and the rest of them are all complainant's relations, It is also in evidence that there have been strained relations between the accused and Altaf Hussain complainant.