SARDOOL SINGH Vs. STATE

JUDGEMENT

(1.) THE appellant along with Partap Singh. Nanak Singh, Bhagwan Singh, Ajit Singh and Barkat Singh was tried for offences under Section 302/307, 148 and 149 RPC. The learned Sessions Judge Jammu, vide his judgment dated 24 -5 -76, convicted the appellant for an offence under section 302 RPC and sentenced him to life imprisonment and to pay a fine of Rs. 200/ -. He also convicted him for an offence under section 324 RPC and sentenced him to suffer rigorous imprisonment for two years on that count, Rest of the co accused of the appellant were acquitted by the Sessions Judge. The sentences imposed upon the appellant were directed to run concurrently. The Sessions Judge has also submitted the record of the case to this court, under section 374 Cr. P. C. for confirmation of the sentence of life imprisonment. The appellant has filed an appeal against his conviction and sentence. This judgment will dispose of both, the appeal filed by the appellant and the reference of confirmation made by the Sessions Judge.

(2.) ACCORDING to the prosecution case as set out at the trial, the appellant armed with a 303 Rifle : Ajit Singh armed with a sword and their co -accused armed with lathies went to the land of the complainant on 26 -10 -1973, at a time when the complainant party was ploughing their land. Dispute about possession of the land, comprised in Khasra No. 599 situate in Nala Basantar, is stated to be the cause of grudge between the parties. At the asking of Bhagwan Singh, Sardool Singh fired a shot at Sadhu Singh and when Wadhawa Singh, brother of Sadhu. Singh came near Sadhu Singh, he once again, at the instigation of Bhagwan Singh, fired at Wadhawa Singh, who as a result fell down. At the exhortation of Ajit Singh, that since only Sadhu Singh and Wadhawa Singh were to be killed, they should go back, all the accused left the place of occurrence. On a report made by Gurbux Singh and Surjeet Singh PWs rally at Police Station, Samba a first Information Report was registered on 26 -10 -1973, at 12 -15 P. M, The special report however, was received by the Munsiff Magistrate only on 2 -11 -1973.

(3.) WITH a view to connect the appellant with the crime, the prosecution examined Gurbux Singh, Surjeet Singh, Wadhawa Singh, Prem Singh, and Joginder Singh as eye witnesses. The prosecution also relied upon the medical evidence and the disclosure statement, allegedly made by Sardool Singh, Exhibit PH, leading to the recovery of Rifle 303 and empty and live cartridges which were seized vide seizure memo, Exhibit PJ. According to the evidence of Nazir Ahmad constable, the rifle 303 had been earlier issued to Sardool Singh appellant in connection with the Border Security Scheme. Reliance was placed on the report of the ballistic expert also to show that the empty cartridges recovered at the instance of the appellant had been fired from rifle Ex.P. 1 which had been earlier issued to the appellant and later recovered at his instance. The prosecution has also relied upon the evidence of Amar Nath Patwari, Varinder Kumar Tehsildar. Amrik Singh S. I and Balwant Singh Inspector Police in support of its case.