BISHAN DASS Vs. STATE OF J&K

JUDGEMENT

(1.) THIS criminal appeal is preferred by Bishan Dass, Babu Ram and Raj Kumar, who have been convicted for committing murder of Prem Dass alias Gudu and sentenced to rigorous imprisonment for life and a fine of Rs. 25,000/ - each in proof of offences under sections 302/34 RPC by the learned Sessions Judge, Udhampur, vide his judgment and order dated 12 -07 -1999.

(2.) A freak but few facts with unique features, attracting a recondite provision of the Penal Code, constitute the subject matter of a criminal case takes us to a forensic scene of occurrence at Old Jail, Udhampur, where on the morning of 23rd January, 1993, when the prisoners were being counted, deceased Prem Dass alias Gudu serving sentence in the jail covered himself with a blanket, made an abortive attempt to flee away from the jail. The deceased was, however, spotted by the CRPF people deployed in the jail for security and guard duty and they raised the alarm, which led to the apprehension of the deceased at the main gate. The deceased was, however, handed over by the CRPF personnel to the accused. Further prosecution case is that the accused in order to teach a lesson to the deceased for making an unsuccessful endeavour to escape, took him to the 'Deodhi of the jail handcuffed his hands and hanged him with the hook of ceiling fan and gave him severe beating with cudgels. The deceased when brought down from the hook of the ceiling fan was found unconscious and taken to the hospital. On reaching the hospital, the deceased was declared dead by the doctors. The police on receipt of information from a reliable source about the death of Prem Dass serving sentence in the jail on 23 -01 -1993, swang into action and initiated proceedings under section 174 Cr.PC. Based on the evidence recorded during investigation under section 175 Cr.PC, the police found that the appellants -accused, Bishan Dass, Babu Ram and Raj Kumar, had brutally beaten the deceased with 'dandas as the latter had tried to escape from the prison, as a result of which the deceased had died. Police registered an FIR for offences under sections 302/34 RPC on 29 -01 -1993 at 4.30 p.m. and switched on to investigation of the case. After recording the statements of the witnesses, collecting the informative material and on the conclusion of the investigation, appellants -accused were finally sent to stand their trial for the alleged offences under sections 302/34 RPC and the learned trial court found them guilty of the offences with which they stood charged and convicted and sentenced the appellants accordingly.

(3.) MR . J.P. Singh, learned counsel appearing for the appellants, argued that the trial court has not appreciated the evidence in its proper perspective. That the evidence as provided by the witnesses in support of the prosecution case is contradictory, conflicting and at variance in material particulars and, therefore, highly insufficient and unsatisfactory to prove the guilt of the accused beyond any pale of doubt. That all the incriminating circumstances appearing against the accused in the evidence have not been put to them in the statements under section 342 Cr.PC and is, thus, itself a sufficient ground for setting aside the judgment impugned According to Mr. J.P. Singh, it has come in the prosecution evidence that the accused first slapped the deceased, thereafter Raj Kumar gave two stick blows and other accused inflicted blows with the sticks and then released the deceased at the instance of PW Jaldeep Singh, SI, CRPF; Whereas doctor who conducted autopsy of the dead body of the deceased has given 51 injuries on the body of the deceased at the time of examination. The statements of the prosecution witnesses as to the number of injuries inflicted on the deceased by the accused contradict with the statement of the doctor and, thus, leaves a serious dent in the prosecution case with regard to its credibility and acceptability.