CHAIN Vs. STATE OF J&K

JUDGEMENT

(1.) WE have heard Mr. Sunil Hali, learned counsel appearing for the appellant and Mrs. Seema Sheikhar, Govt. Advocate, for the respondents.

(2.) THIS Criminal Appeal is directed against the judgment and order dated: 31 -01 -1991 passed by Sessions Judge, Jammu, by which he has convicted the accused appellant, Chain, for committing the murder and sentenced him to imprisonment for life and a fine of Rs. 500/ - in proof of offence under Section 302 RPC.

(3.) FACTS that culminated in the prosecution of the accused depicted in narration are that, the deceased, RamDass, had put Haria, the father of the accused, in possession of land held by him when shifted to Village Kotar to settle on the land provided by his in -laws. On the death of Haria, accused and his brother alongwith their mother started living in the house of the deceased consisting of two rooms. When Jatoo, brother of the accused, got a portion of the land transferred in his name as owner under the Agrarian Reforms Act and the deceased came to know about it, he returned to the village to assert his right. The deceased resided in one of the rooms of his house as the other was occupied by the accused and his brother. The accused, however, did not like the return of the deceased to the village to re -affirm his rights over the land, which he had given to their father, Haria, since died, on his own. In pursuance of some altercation that ensued between the deceased and the accused, the latter inflicted blows with a Darat held by him on the neck of the deceased and committed his murder. PWs, Sardaro alias Sardar Singh and Gian Chand, who repaired to the scene, on hearing the exchange of hot words and witnessed the occurrence. On a report lodged by PW, Dhuni Chand, Chowkidar and Balwant Raj about the incident, led to the registration of the case against the accused under Section 302 RPC. After the conclusion of the investigation, the case was finally sent to trial for offence under Section 302 RPC. The learned Trial Court, after the conclusion of the trial, found the accused guilty of offence of murder and sentenced him accordingly.