HARMINDER SINGH Vs. STATE OF J AND K

JUDGEMENT

(1.) The appellant was tried and convicted for commission of offences U/S 302-RPC and 3/25 Indian Arms Act for having committed the murder of deceased, Smt.Amila Salathia by shooting her with a 12-bore gun, by the court of Ist Addl.Sessions Judge Jammu. Learned trial court by its judgment/order dated 30.11.1999 and 15.12.1999,after convicting the appellant for commission of the above said offences has sentenced him to undergo imprisonment for life and to a fine of Rs.5000/-, in default to undergo further rigorous imprisonment for one year for offence u/s 302-RPC while for the offence u/s 3/25 Arms Act a simple imprisonment for one year and a fine of Rs.1000/- and in default to undergo further simple imprisonment of one month, has been imposed. Learned Trial Court has made a criminal reference u/s 374 Cr.PC for confirmation of the sentence imposed, whereas the accused being aggrieved by his conviction and sentence has filed the criminal appeal.

(2.) The deceased Smt.Amila Salathia was the real sister-in-law (Bhabi) of the accused. The story of the prosecution in nutshell is that on 11.1.1997 at about 8.45 PM the deceased was preparing meals in the kitchen of her house situate at Gurah Salathia,Tehsil Samba. Her husband Dr.Anirudh,was in his room. The father of the accused and Dr.Anirudh PW Jagdev Singh was sleeping in his room. PW Madan Singh, a cousin of the accused as well as PW. Dr.Anirudh, was in the house of the deceased and to him the deceased was serving meals. The accused was also in the house. The accused went in side the room of his father where a gun was lying in the almirah. He took out the gun, entered the kitchen and fired upon the deceased. The shot hit the deceased on the left side of her chest, she fell down and succumbed to the injuries on spot. After firing the shot, the accused ran away along with the gun. On hearing the gunshot PW Dr.Anirudh Singh rushed towards the kitchen and he saw the accused running away from the spot. He gave him a chase but could not catch him so he returned back to his house. Mrs.Amila Salathia was shifted to a room from the kitchen. she breathed her last. PW Madan Singh accompanied by PW Govardhan Singh and Karam Singh lodged the report with Police Post Vijaypur at 03.15 AM Police Post Vijaypur reported the matter to Police Station Samba and consequently FIR No.10/1997 under sec.302 RPC and 3/25 Arms Act was registered and investigation started. The Investigator went on spot, prepared the site plan dead body of the deceased was got photographed; from the scene of occurrence bloodstained and plain earth was seized, besides one pair of nylon chapple. Same were sealed. The dead body was sent for postmortem to P.H.C.Ramgarh where postmortem was got conducted .52 pellets etc. were recovered from the dead body of the deceased and were sealed and sent for chemical examination to F.S.L. Clothes of the deceased were also seized. A 12 bore gun No.22003/95 manufactured by Popular Gun works on being found near the cattle shed of Chhankar Singh was seized. Site plan of the recovery of weapon of offence was also prepared. Statements of the witness u/s 161 Cr.PC were recorded. Search of the accused was also initiated. Ultimately on 18.1.1997 the accused came to be arrested by a police party from Chowkichora. After investigation of the case a charge sheet was filed in the court of learned Sub-Judge ,JMIC,Samba who committed the case for trial to the court of learned Sessions Judge Jammu, who in turn transferred the same to the court of learned Iast Addl.Sessions Judge Jammu. Learned Ist Addl Sessions Judge Jammu framed the charge against the accused u/s 302-RPC and 3/25 Arms Act. The charge was read over and explained to the accused and he was called upon to plead. The accused did not deny the charge and admitted his guilt. As the accused has admitted the guilt in answer to the charge, therefore, it will be apt to reproduce here the statement of the accused. The following is the translated version thereof:- Q-Have you heard and understood the memo of charges? (Note-The charges have been read over and explained to the accused). A-Yes Sir. B- Q-Have you committed the offence and do you confess your Guilt? A-Yes Sir. But I was drunk and under the influence of Liquor I picked up the gun from the room, had picked up the gun from kachha room, the deceased was present in The kitchen. I entered in that kitchen and fired a shot fromThe gun on the deceased Amila Devi .I was being teased by my sister-in-law and other members of the family .I was doubting the character of my sister-in-law.I had been beaten up by my brother Anirudh Singh who had broken my head and for this reason I had a grouse.

(3.) I only wanted to cause injury to my sister-in-law and did not intend to kill her. I had closed my eyes and by point- ing the gun towards my sister-in-law had fired the same. At that time I was in a drunken condition. I knew at that time that there was a cartridge in the gun. Q-Have you given the statement with your free will? A-Yes Sir. Though the accused-appellant in terms of the above statement had confessed the guilt by accepting the allegations of the charge yet the learned trial court put the accused to trial and directed the prosecution to lead evidence. The prosecution has led direct as well as circumstantial evidence to prove the charge.