TARA CHAND Vs. STATE OF J&K

JUDGEMENT

(1.) Registration of the case as FIR No.208/1997 Police Station Kathua for commission of offence punishable under Section 302 RPC, on completion of investigation culminated into filing of charge-sheet (challan) before the Court of Judicial Magistrate 1st Class (District Mobile Magistrate), Kathua on 16.08.1997. On the same date case has been committed to the Court of Sessions Judge, Kathua. Vide order dated 03.10.1997, Charge against the accused has been framed for commission of the said offence to which accused pleaded not guilty as such trial commenced.

(2.) The prosecution in support of its case out of listed 19 witnesses has produced as many as 14 witnesses. The prosecution evidence has been closed vide order dated 06.03.2000.

(3.) Case set up by the prosecution is that the deceased Pardeep Singh alias Guddo was running a tea stall near CTM (Chenab Textile Mill), Kathua. One Dwarka Nath was his friend. Dwarka Nath allegedly had enmity with accused Tara Chand. He was beaten which was objected to by the deceased. Based on which the accused is said to have developed enmity with the deceased. The deceased is stated to have informed his wife PW-6 Sukhdeep Kour and it is Sukhdeep Kour, who was ailing while going to Reasi for having treatment had informed her mother-in-law about the enmity and threat to life of the deceased, who in turn had informed her husband, S. Kehar Singh (father of the deceased) accordingly and it is Kehar Singh-PW-3, who asked PW-1 Ranbir Singh on 04.06.1997 to go to the shop of the deceased and tell him to close the shop and come home. When PW-1 Ranbir Singh went to the shop of the deceased, at that time 3/4 customers were sitting there. The deceased told him that after attending the customers he would go home. In the meantime, Dwarka Nath an employee of CTM and PW -2 Jaswant Singh reached there. On closing the shop the deceased along with Ranbir Singh, Dwarka Nath and Jaswant Singh left for home. While proceeding they reached near the house of the accused, who came out of his house and attacked the deceased with a knife. He gave three knife blows one on head, second on neck and third on belly of the deceased and then ran away. PW-1 Ranbir Singh asked Dwarka Nath and Jaswant Singh to remain on spot and left to inform the police post Hatli Morh, thereafter rushed to the house of his father and informed him. Kehar Singh PW-3 (father of the deceased) in turn informed the police station Kathua telephonically about the incident, who was asked to reach on spot. While reaching to the place of occurrence, police came and the dead body was taken to the hospital. After postmortem the dead body was handed over to the legal heirs for performing last rites.