DES RAJ Vs. STATE OF J & K

JUDGEMENT

(1.) Shivers run down the spine to know that lust of property drove a father to kill his innocent four months old suckling baby after killing his unarmed father-in-law. Instant judgment is proposed to give quietus to the present appeal hanging fire for more than 10 years.

(2.) This Criminal Appeal has been directed against the judgment of conviction and the sentence order dtd. 28/9/2012 passed by learned Sessions Judge, Udhampur (hereinafter referred to as 'trial court') in case titled 'State Vs. Des Raj' in file No. 32/Sessions, arising out of FIR No. 50/2002 of Police Station Chenani, vide which the appellant has been convicted for the commission of offences under Ss. 302/307 of the Ranbir Penal Code 1989 ('RPC for short) and sentenced to undergo rigorous imprisonment for life and fine of Rs.10,000.00 for offence under Sec. 302 RPC and rigorous imprisonment of five years and fine of Rs.2,000.00 for offence under Sec. 307 RPC and on default of payment of fine, the appellant has been awarded two months imprisonment with further direction that both the sentences shall run concurrently.

(3.) Shorn of verbosity, case of the prosecution, as it emerges from the record, is that Police Station Chenani, District Udhampur, on 19/8/2002 at about 7 a.m., received a source information that appellant was living as live in son-in-law in the house of his father-in-law deceased-Kamlu and on 18/8/2002 at about 10.30 p.m., he picked up quarrel with his father in law with an intention to grab his property and attacked his father in law with sickle in furtherance of intention to kill him. The appellant repeatedly attacked his father in law and killed him on the spot. Thereafter appellant also attacked his four months old baby namely Tiblu with the sickle and killed him as well. The family members of the deceased, when tried to intervene, were also attacked and sustained injuries. On the receipt of information, the police agency swung into action, registered a case for the commission of offences under Ss. 302/307 RPC and investigation came into vogue. During investigation, dead bodies of both the deceased were shifted to the hospital, photographs were taken, samples of soil, blood stained soil, blood stained clothes of the deceased were obtained, seized and sealed on the spot. The accused was arrested and the weapon of offence was recovered at his instance. Postmortem reports of the deceased were also obtained.