GURCHARAN SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment passed by the learned District & Sessions Judge, Jammu, dated 6.6.1985 whereupon by his order dated 8.6.1985 the convicted appellant Gurbachan Singh, for having committed an offence punishable under Section 302 R.P.C., has been sentenced to undergo rigorous imprisonment for life and pay a fine of Rs.500/ - in default of which he has to further undergo rigorous imprisonment for a period of six months.

(2.) THE prosecution case in brief is an follows: On the day of occurrence i.e. on 21.11.1973 the deceased Kripal Singh in an injured condition made a statement before the ASI Mohammad Aslam Malik in SMGS Hospital Jammu that as usual on the day of occurrence he took out his taxi No. 5447/JKT from his house and was standing near Jewel Chowk at 9.10 a.m. when PW Rajinder Kumar informed him that there was an alteration between his son Harvinder Singh and the appellant (hereinafter referred to as the accused), who made an assault with a ËœDahâ„¢ on his son but the timely intervention from some people of the Mohalla got the matter to be hushed up. On this he went back to his home and parked the taxi in front of his house. The accused in the meanwhile came out from his house hurling abuses on the deceased who forbade him from doing so. The wife of the deceased and his son Harvinder Singh came on the spot and accused took out a Spring Knife from his pocket and pushed it into the left side of his chest but the deceased with his both hands caught hold of the accusedâ„¢s hand together with the knife. On the intervention of his son, wife and sister the accused left away the knife on the spot and fled away. Their noise attracted PWs Harbans Lal and Mool Raj on the spot and the matter was revealed to them by the deceased that the accused seriously injured him. He was immediately removed to hospital by the said witnesses in his above mentioned taxi. On the basis of the said statement of the deceased recorded in presence of Dr. Joginder Sharma, Crime No. 353 of 1973 under Section 307 R.P.C. was registered by the Police Station City Jammu. As the deceased afterwards succumbed to the injuries on 27.11.1973 therefore the offence from Section 307 R.P.C. was altered to Section 302 of the Ranbir Penal Code. After usualâ„¢ investigation a charge sheet was lodged against the accused before the learned City Magistrate, Jammu, who committed the accused to stand a trial before the learned Sessions Judge, Jammu. On the trial, the accused was convicted and sentenced under Section 302 Ranbir Penal Code as indicated hereabove.

(3.) HEARD Mr. M.A. Goni, learned counsel for the accused and M/s R.P. Bakshi and P.C.Sharma, Govt. Advocate, for the respondent/ prosecution, also bestowed our thoughtful consideration over the record on the file. Mr. Goni has cited 1983 Criminal Law Journal 229, 1989 1 Crime 689, AIR 1979 Supreme Court 1708 and AIR 1988 Supreme Court 2122 in support of his argument. On the other hand, Mr. R.P.Bakshi, has cited AIR 1981 Supreme Court 1552 and 1992 Current Criminal Reporter 123.