STATE OF J&K Vs. DES RAJ & ORS

JUDGEMENT

(1.) Respondents after facing trial have earned their acquittal as is clear from the Judgment, impugned dated 15.05.2010 passed by the Court of Sessions Judge, Kishtwar.

(2.) The deceased has lost life in most unfortunate circumstances which initially appeared to be mysterious but later on was noticed to be a murder committed by the accused (respondents) who had developed enmity in view of the deceased having illicit relations first with Bidya Devi, sister of accused Des Raj and later on with Sunita Devi, relative of respondent Nos. 3 and 4. Rakesh Kumar accomplice turned to be an approver as such cited as star witness being the only witness to the occurrence and the entire case of the prosecution revolves round his testimony.

(3.) Deceased Ramesh Kumar was noticed to be in an un conscious state in the morning of 12th of March, 1999 by Oma Devi (PW-11) when she went to dump the garbage of her household at Wasser Palmar, Kishtwar into the Krind (Sort of construction used as cattle shed). Her cries attracted the relatives and co-villagers who rushed on spot and shifted him to Hospital at Kishtwar wherefrom he was referred to Government Medical College, Jammu but unfortunately he has succumbed to the injuries enroute. Initially proceedings under Section 174 Cr.P.C were initiated. Enquiry revealed the role of accused (respondents). As a result thereof, case has been registered as FIR No. 115/1999 for commission of offences under Section 302 read with Section 120-B, 34 and 109 RPC.