KRISHAN LAL Vs. STATE OF J. & K.

JUDGEMENT

(1.) Criminal Appeal No. 38/2009 & Confirmation No. 13/2009 arises out of Trial Court judgment dated 06.06.2009 and order of the even date whereby the appellant has been convicted of offences punishable under Section 302, 450 RPC, Section 27 Indian Arms Act, 1959, sentenced to imprisonment for life, fine of Rs. 10,000/- and to default imprisonment for two months, imprisonment of five years, fine of Rs. 5,000/-, and default imprisonment for a period of one month and imprisonment for two years with fine of Rs. 5,000/- and imprisonment of one month in default of payment of fine. Background facts alleged in the charge sheet and held to have been proved beyond reasonable doubt by the Trial Court need to be noticed in the first instance.

(2.) Shri Krishan Lal S/o. Nek Ram R/o. Salal Tehsil Reasi - appellant herein, is an employee of Public Works Department. IFCON is a construction company engaged in construction of Chenab Bridge Project, as a part of Udhampur - Srinagar Railway Line. The Company in connection with execution of contract bagged by it set up its office and residential quarters in a rented accommodation at Salal, Reasi. The appellant on 06.03.2005 at 9.30 P.M., came to the residential quarters of the employees of the Company and introducing himself as a muscle man of the area, demanded money from Shri P. Vedhalingam working as Storekeeper in the Company, hurling abuses on the employees. Shri P. Vedhalingam objected to the appellant's behavior, stating that he and others present were only employees of the company and he would take up the matter with the Company. The appellant, undeterred by the response of Shri P. Vedhalingam left the place, extending threats and with the warning that he would come back. The appellant after an interval of about 45 minutes returned to the residential quarters of Company Staff - now armed with the twelve bore gun and open fire on Shri P. Vedhalingam. The bullet hit his abdomen. He was shifted to a local hospital in an injured condition where he succumbed to injuries. The appellant managed to escape from the scene of occurrence leaving behind his nylon chapels.

(3.) The occurrence was telephonically reported to Police Station, Reasi by Shri Maheshpai S/o. Jagdeshpai R/o. Kumta North, Karnataka an Engineer of the Company and posted with the deceased at Salal. The report prompted Police Station, Reasi to register a case FIR No. 34/2005 under Sections 307, 452, 323 RPC and 3/25 Arms Act. However, after the victim breathed his last, offence punishable under Section 307 RPC was substituted by offence punishable under Section 302 RPC.