SIRAJ DIN Vs. STATE

JUDGEMENT

(1.) THIS appeal, which is directed against the judgment dated 15.03.1999, and order of sentence dated 24.03.1999, recorded by Addl. Sessions Judge Reasi in Session case No.19 of 19.10.1992, titled as State vs Siraj -ud -Din and others, stems out of those circumstances which are summarized as:

(2.) ON 16.07.1992, one Bhagmal R/o village Kulsar, Reasi, along with Sonaullah S/o Haji Bashir, Yousuf Lamberdar, Feroz Din, R/o village Jad Vijay Kumar Lamberdar, R/o Village Nagar, Farman Ali, R/o Village Jad, Tehsil Reasi, lodged on ocular report at Police Station Reasi at 9.30 A.M. on 16.07.1992, to the effect that they have spotted the dead body of one Bansi Lal S/ o Tara Chand R/o Village, Nagar on the road side at village Jad, which had injuries on its head and mouth. On receipt of this report, it came to be diarised as report No.5 dated 16.07.1992 in the Daily Diary of the Police Station and proceedings under Section 174 -CR.P.C. came to be initiated and the same came to be entrusted to S.I. Police Sh. Kishore Kumar Chib, who proceeded on the spot, seized the dead body, got its autopsy conducted, prepared the site plan, handed over the dead body to its successors for performance of last rites. The doctor who conducted the postmortem examination opined that the deceased has died due to shock and head injury and other injuries present on it. On conclusion of the inquiry this came to be concluded that the deceased has been done to death as a result of which on 01.02.1992 a case for an offence punishable under section 302 -RPC came to be registered by the said police Station, Reasi under FIR No. 11 of 1992. After usual investigation the investigating agency found that during the night intervening 15th and 16th July 1992 the accuse persons namely Siraj Din, Bashir Mohd, Rashid R/o village Jad and Sharief Din village Pannasa did away with the life of Bansi Lal with an intention to rob him, accordingly chargesheeted them before the learned Judicial Magistrate Reasi for offences punishable under section 302,392/ 34 -R.P.C. who in turn came to commit it to the court of leaned Addl. Sessions judge Reasi.

(3.) THE accused Siraj Din, Rashid and Bashir who came to be charge sheeted for an offence punishable u/s 302.392 -RPC and accused Manzoor and Sharief came to be chargesheeted for offence punishable u/s 392/109 and 34 -RPC by the trial court claimed to be tried and advanced a plea of complete innocence. The Trial court on conclusion of the trial of the case, on discussion of evidence adduced by a prosecution before it, came to hold accused -appellants Siraj din, Bashir and; Rashid guilty of offence u/s 302 -RPC and came to convict them for the said offence and sentenced them to under go life imprisonment and also imposed a fine of Rs.5000/ - each upon them and in default of payment of fine came to sentence them for further period of one year and came to refer the case to this court for confirmation of the sentence. The remaining accused came to be acquitted by the trial court by giving them the benefit of doubt. Now this judgment shall dispose of both the appeal and the reference of the trial court for confirmation of the sentence awarded to the appellants/accused together.