STATE OF J&K Vs. PHANGI

JUDGEMENT

(1.) PROCEEDINGS in case entitled State of Jammu and Kashmir v. Phangi, in terms of section 374 of Cr. P.C. have been received from the learned Sessions Judge, Udhampur, for confirmation of sentence of rigorous imprisonment for life awarded to the accused for the commission of offence under section 302 RPC and also a fine of Rs 10, 000/ - and in the event of non payment of fine, he shall further undergo an imprisonment of like nature for a period of two years, vide judgement and order dated 28 -08 -1998.

(2.) THE case of the prosecution, as unfolded during the trial, in nutshell, is that the accused, the deceased and PW Des Raj used to work as Butchers in the Army at Pathankot. They left Pathankot for their native place at Ram Nagar on 13 -08 -1996. On reaching Udhampur Bus Stand at 6.30 P.M., they could not find any Bus for Village Barmeen. There were, however, about 30/32 passengers, including the deceased, the accused and PW Des Raj who were also going to Village Barmeen and jointly chartered a Bus which left Udhampur at 7.30 P.M. The Bus, however, could not proceed further from Amb Lair as the road was blocked by another Bus which was out of order on account of some mechanical defect. PW Des Raj alongwith the accused and deceased, however, started journey on foot and after covering a distance of about half Km, the deceased purchased the torch from a shop as it had become dark and further proceeded in the light of torch. On reaching near Dhabair, torch was handed over by deceased to PW Des Raj as the deceased wanted to light a cigarette. In the meanwhile, the accused Phangi caught hold of the deceased from throat and threw him on the ground and hit with a boulder 3/4 times on the head. The accused, Phangi, thereafter inflicted blows on the right leg of the deceased with a Toka which he had taken out of his bag, as a result of which the deceased died on spot. PW Des Raj enquired from the accused about the cause of inflicting injuries on the deceased who later threatened him to remain silent and both accused and PW Des Raj, leaving the deceased there left the place. PW Des Raj, however, was not allowed to go to his Village and remained in the company of the accused. The weapon of offence was thrown away by the accused from Tawi Bridge into the River after reiterating the warning to PW Des Raj not to divulge about the occurrence to any body, but allowed him to go to his Village and himself left for Pathankot. On reaching his village, PW Des Raj maintained silence. When the deceased did not return Home, PW Gobindo Ram, his brother went to PW Des Raj to enquire about the whereabouts of the deceased Fami. PW Des Raj disclosed about the occurrence to Gobindo Ram and latter took him to the Police Station and reported about the murder which led to the registration of the case under section 302 RPC with Police Station, Ram Nagar and investigation ensued. On the completion of the investigation, the accused Phangi was sent up for trail before the learned Sessions Judge, Udhampur, for commission of offence under section 302 RPC. The trial court, after recording the evidence and hearing the arguments, held the accused Phangi guilty for commission of offence under section 302 RPC fore causing the murder of deceased Phangi in the night intervening 13/14th August, 1996 at Barmeen and sentenced him to undergo rigorous imprisonment for life and also a fine of Rs 10,000/ -

(3.) THE accused has not preferred any appeal against the order of conviction and subsequent sentence, recorded by the trial court, but however, this confirmation has been received from the learned Sessions Judge, Udhampur, in the terms of section 374 Cr.P.C.