GANESH Vs. STATE

JUDGEMENT

(1.) CRIMINAL Appeal No. 18 of 1990 is filed by the appellant Ganesh "here -in -after referred to as the accused" in Sessions case No.20 of 1986 on the file of learned Sessions Judge, Kathua. The accused was tried by the said Sessions Judge, for having caused the death of one Lal Chand. The accused was found guilty of an offence punishable U/S 302 of the RPC and sentenced to undergo imprisonments for life with a fine of Rs.500 in default of which, he is to undergo imprisonment for a further period of three months.

(2.) THE deceased Lal Chand aged 50 years was running a kiryana shop in Kharote, Tehsil Kathua, and the accused used to purchase goods from his shop on credit. A few days prior to the occurence of this case, there was a tiff between the accused and the deceased with regard to supply of goods to the accused by the deceased on credit, unless the earlier amount of Rs.88.50 which was outstanding against the accused was cleared by him. On this, the accused got annoyed and a few days later threatened the deceased of his life.

(3.) ON the eventful day dated 7.4.1986 at around 9.30 AM Lal Chand in company of his son Joginder Paul left for his shop, where they used to sleep for the night. While he was proceeding towards his shop and was ahead of his son Joginder Paul by 20/25 yards a shriek came out from his mouth that "Joginder Doru Ganesh Ne Mari Orya". On hearing this, Joginder Paul hurriedly went ahead and found that Lal chand had seriously been wounded, and while breathing convulsively, was bleeding profusely and unable to speak. He (the complainant) sensed some movement and moved a little forward to know as to who was moving; from his body built and manner of walking he concluded that it could be the accused. He cried for help, which attracted his brother Nursingh Dayal, uncle Roop Lal and others on the spot Lal Cband was taken to home where he succumbed to the injuries sustained by him on his person. During investigation it was found that the accused had made an extra judicial confession before PWs Anchal Singh and Jai Chand, who found his running away from the place of occurence. Twenty witnesses were examined on the side of the prosecution and one witness was examined on the side of the defence.