BHIM SEIN Vs. STATE

JUDGEMENT

(1.) THE appellant has been convicted by Sessions Judge Kathua under section 302 RFC for having committed the murder of one Bishamber Dass and sentenced to undergo imprisonment for life He has appealed against his conviction and sentence. Alongside, the Sessions Judge has also made a reference for confirmation of the sentence of imprisonment for life imposed on him This judgment will dispose of the appeal as well as the reference.

(2.) ON 30 4 -1978, as the prosecution story goes, PWs Kaitar Chand, Bodh Raj and Romelu Ram and the deceased Bishamber Dass were thrashing wheat crop in their field. PW Lile Devi had brought breakfast for them, and after it was served to them, she returned home. On her way she was accosted by the appellant, who asked her to have sexual intercourse with him She resented it and started shouting at him, which attracted her husband the deceased, who rushed to her On enquiring from her as to what had happened, she told him that the appellant was asking her to have sexual intercourse with him This angered the deceased, who warned the appellant that he would report this matter to the police. On this, the appellant got enraged and inflicted two blows on the deceased with a sickle which he was having with him. In the meantime, PWs Kartar Chand and Bodh Raj had also reached the spot. While the appellant was trying to inflict a third blow on the deceased, P. W Bodh Raj caught hold of the sickle and, thereby averted the blow, The appellant would not permit him to snatch the sickle and in the process whereas PW Bodh Raj sustained a minor injury, the appellant also fell on the ground The deceased was found dying unconscious on the ground after having sustained two injuries, who was then removed to his house, where he breathed his last.

(3.) DURING the trial, the prosecution examined a number of witnesses, including the three eye witnesses, namely, Kartar Chand, Bodh Raj and Lilo Devi It also examined Dr. K. K. Gupta. who had conducted autopsy on the dead body of the deceased and had also examined the appellant for the injuries which he too had sustained during the occurrence. The Radiologist Dr. Inder Singh Who had X -rayed the appellant, was also examined. Dr. K R. Gupta found the following injuries on the person of the deceased :