PREM NATH Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The appellants/accused have assailed judgment dtd. 28/1/2020 passed by the learned Additional Sessions Judge, Udampur (hereinafter to be referred as the trial court) in a case arising out of FIR No. 38/2011 of Police Station, Pancheri, whereby they have been convicted for offences under Sec. 302, 449, 147, 148, 149 and 120-B RPC and 4/25 Arms Act. Challenge has also been thrown to order dtd. 3/2/2020 passed by the learned trial court, whereby in proof of offence under sec. 302 RPC, the appellants have been sentenced to life imprisonment with a fine of Rs.10,000.00 each, in proof of offence under sec. 449 RPC, appellants have been sentenced to undergo rigorous imprisonment for a period of 10 years with a fine of Rs.5,000.00, in proof of offence under Sec. 147 RPC, the appellants have been sentenced to rigorous imprisonment of 03 years, in proof of offence under sec. 148 RPC, the appellants have been sentenced to undergo rigorous imprisonment for a period of 3 years and to pay a fine of Rs.5,000.00, for offence under sec. 120-B RPC, the appellants have been sentenced to rigorous imprisonment of 5 years with a fine of Rs.5,000.00, and in proof of offence under sec. 4/25 Arms Act, appellant No. 5-Guddi has been sentenced to undergo rigorous imprisonment for a period of 3 years and to pay a fine of Rs.5000.00. In default of payment of fine, it has been directed that the appellants shall undergo further imprisonment for one year and it has also been directed that all the sentences shall run concurrently. The learned trial court has also made a reference to this Court for confirmation of sentence in terms of sec. 374 of the Jammu and Kashmir Code of Criminal Procedure.

(2.) By this common judgment, we propose to decide both the appeal filed by the appellants as well as the reference made by the learned trial court.

(3.) Briefly stated, the prosecution case is that on 7/9/2011, a telephonic information was received by the Police that some unknown persons had committed the murder of Smt. Krishni Devi W/o Situ and Parkash Singh S/o Chunil Lal both residents of village Sadhota, Tehsil Udhampur. It was further intimated that murder of the deceased was committed during the night intervening 6th/7th of September, 2011 at Village Sadhota with sharp edged weapons. On basis of this information, FIR bearing No. 38/2011 for offence under Sec. 302 RPC was registered and investigation was set into motion. During the course of investigation, site plan of the place of occurrence was prepared, the dead bodies of the deceased were seized and they were subjected to post-mortem, plain clay and blood stained clay was seized from the place of occurrence, the blood samples, the hair strands and clothes of the deceased were seized and sealed separately. In the post-mortem report of the deceased, it was indicated that both of them have received incised wounds and as per the opinion of the doctors, death of the deceased had been caused due to hemorrhagic shock within 24 hours duration and it was homicidal in nature.