KAMAL SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment of learned Sessions Judge, Rajouri dated December 1, 1983 convicting the appellant-accused under Sections 302, 457 and 307 IPC and sentencing him to imprisonment for life, rigorous imprisonment for three years and rigorous imprisonment for 5 years respectively. The sentences were, however, ordered to run concurrently. Learned Sessions Judge has also made a reference for confirmation of sentence of life imprisonment imposed upon the appellant.

(2.) PROSECUTION case was that on September 24, 1981 in the evening accused came to the house of Koshalaya Devi deceased, situate in village Gonda, and after making inquiries about her husband, Ami Chand, who had gone to another place for performing his usual work as to whether he was coming back during night he left that place pretending to go to his sister's house. He during the night of that day again entered into the house in order to satisfy his sexual lust and it was at about 10 O'clock at night. Kashmir Singh son of the deceased woke up to have water and noticed the accused but he jumped out and again came back when Koshalaya Devi lifted, a stick in order to save herself. Accused snatched stick from her hand when Koshalaya Devi took out 'pathi' a sharp-edged agricultural implement from the room and tried to assault the accused. The accused snatched said pathi from the hand of Koshalaya Devi in order to restrain her from making noise and inflicted injuries with said pathi to her, killing her instantaneously. In the meantime, Kashmir Singh son of the deceased, tried to intervene in order to save his mother but the accused also injured him after which accused was successful in escaping from there. Kashmir Singh then raised an alarm and his uncle Amar Singh first of all came on spot. Other villagers also came there and some of them were deputed to report the matter a police station Budhal. A written report was lodged by Ghulam Rasool PW on which case under section 302 RPC was registered at police station Budhal in the morning of September 25, 1981.

(3.) WE have heard the learned counsel for the parties and perused the record before us. In this case prosecution has examined two eye-witnesses of the occurrence, Kashmir Singh and Soma Devi, son and daughter of the deceased. Kashmir Singh was of 13 years of age and Soma Devi of 10 years of age at that time. Both these witnesses have given eye account of the occurrence as both of them were present in the house at the time of occurrence.