DEV RAJ Vs. STATE

JUDGEMENT

(1.) This criminal appeal and reference arises out of judgment dated 4-4- 2000, whereby the accused/appellant has been convicted for the commission of offences under sections 302/201 RPC and the order dated 11-4-2000 whereby the accused/appellant has been awarded sentence to undergo life imprisonment for offence under section 302 RPC and further to undergo simple imprisonment for six months under section 201 RPC. Both the sentences were ordered to run concurrently.

(2.) Briefly stated the prosecution story is that on 21-11-1992 at about 6.30 pm deceased Vishwa Nath was sitting in a shop at Salal Kotli with one Krishan Lal, when accused Dev Raj came there and asked the deceased to accom-pany him to his house to enable him to make payment in cash or kind. Vishwa Nath accompanied Dev Raj, but did not return home. In the next morning search was carried out. The wife of the deceased namely, Bimla Devi approached her brother Krishan Lal Sb Daya Ram on the belief that her husband might have stayed at his house on the previous night because the deceased while going with accused had passed through his house and collected torch, left the bag and informed Bimla Devi that he is going with Dev Raj accused to his house to collect the fodder in lieu of the money payable by the accused. When Bimla Devi accompanied with Krishan Lal reached the house of Dev Raj accused and enquired about Vishwa Nath, the accused informed them that though he had come with him but he parted away in between. While returning from Dev Rajs house they noticed blood in the land of Sansar Chand, which is on the back-side of accused Dev Rajs house and raised an alarm. Some people assembled and Dev Raj was called there. Accused again told them that he has no knowledge about the where-abouts of Vishwa Nath. On insistence of the people, accused said to have confessed that he has murdered Vishwa Nath and thrown the dead body in the river Chenab. Suran Chand, brother of the deceased lodged report with the Police Station, Reasi at about 2.30 PM on 22-11-1992. On this report, FIR No. 177/92 was registered and investigation commenced. Accused was arrested on the same day. During the course of investigation, the accused made disclosure statement on 23-11-1992 and on his disclosure the dead body of the deceased was recovered from the lake of river Chenab in a gunny bag. Police also recovered the weapon of offence and blood stained clothes of the accused from his house. The accused is said to have made a confessional statement in presence of the wife of the deceased, her brother Krishan Lal and number of other villagers. Based upon the evidence collected during the investigation a charge- sheet was produced in the court of Judicial Magistrate 1st Class, Reasi, who committed the case for the trial of accused to the Court of AddI. Sessions judge, Reasi, who convicted the accused vide the impugned judgment and sentenced him to undergo life imprisonment and simple imprisonment, as stated above. Prosecution has produced PW5 Suram Chand, Jugal Kishore, Bimla Devi, Krishan Lal Sb Vijay Raj, Krishan Lal S/0 Daya Ram, Kartar Singh, Paras Ram, Baldev Singh, Dhani Ram, Shiv Dutt, Mohd Shaffi Patwari, Dr. K.R. Gandotra and Abdul Hamid SI as witnesses in the case to bring home the guilt against the accused. Amongst the prosecution witnesses Suram Chand and Paras Ram are the brothers of the deceased, Jugal Kishore is the cousin, Bimla Devi wife and Krishan Lal Sb Daya Ram, brother in law (wifes brother).

(3.) After the conclusion of the prosecution evidence statement of the accused under section 342 Cr.P.C was recorded. The accused denied having accompanied the deceased Vishwa Nath. He however, admitted that police took him near the river and took some photographs. He also admitted that the shop of Natha Ram fell in the way between the shop of deceased and his house. He has denied the recovery and disclosure statement said to be made by him. The accused did not lead any defence evidence.