DOONI CHAND Vs. STATE

JUDGEMENT

(1.) DOONI Chand accused was committed to the Court of Session, Srinagar, to stand his trial under section 302 Ranbir Penal Code for the murder of Lal Chand, under section 307 for attempting to murder Lal Chands wife, Mst. Bundi, and under sections 309 and 449 R. P. C. The accused pleadad not guilty to all these charges. The learned Sessions Judge after examining the evidence produced by the prosecution found the accused guilty under section 302 and sentenced him to death. He was also convicted under sections 307, 309 and 449 and sentenced to ten years rigorous imprisonment with a fine of Rs. 10, ¢ to nine months simple imprisonment and to seven years rigorous imprisonment with a fine of Rs. 10, respectively. The sentences of imprisonment were ordered to run concurrently. The accused has appealed against his conviction? and sentences and the Sessions Judge has made a reference for confirmation of the sentence of death passed on the accused.

(2.) THE prosecution case briefly stated is as follows: Dooni Chand accused and Lal Chnnd deceased were both employed in the Jammu and Kashmir Police. They hailed from village Dachan in Kishtwar Tehsil. It is alleged that Dooni Chand accused had eloped with Mst. Bundi from Kishtwar and wanted to marry her. He brought her to Kashmir but Lal Chand prevailed upon him and induced him to part with the girl on payment of monetary consideration. Lal Chand succeeded in getting the girl and he married her. She had two issues from this wedlock.

(3.) THE police after completing the investigation and after the accused was discharged from the hospital challenged him. He was convicted and sentenced by the Sessions Judge, Kashmir, as stated above.