GIAN SINGH Vs. STATE OF J. & K.

JUDGEMENT

(1.) This appeal is directed against judgment dated 28.09.2012 convicting the appellants under Sections 302, 348 read with 34 of RPC and the order of sentence dated 29.09.2012 formulated by learned Sessions Judge Ramban in terms whereof appellants have been sentenced to imprisonment for life and fine of Rs.10,000/- ( Rupees Ten Thousand) for offence under Section 302/34 of RPC and rigorous imprisonment for a period of three years and a fine of Rs.1000/- (Rupees One Thousand) for commission of offence under Section 348 of RPC. Substantive sentences have been directed to run concurrently. In default of payment of fine, the accused have been directed to undergo imprisonment for three months under Section 302 RPC and fifteen days under Section 348 of RPC. Confirmation Reference No. 23/2012 has been made by the learned Sessions Judge in terms of Section 374 of Cr.P.C. Conviction appeal and confirmation reference were heard together.

(2.) It is apt to refer to the facts leading to prosecution of appellants (hereinafter referred to as 'accused') entailing their conviction and sentence.

(3.) On 19.09.2004 informant Dalip Singh walked into Police Station Ramban with PW(s)-Rano Devi, Ashu Devi and Babli Devi accompanying him. He lodged a written report alleging that on 18.09.2004 accused Gian Singh called his brother Bir Singh alias Munnu and took him along to the market; that Bir Singh did not return till late in the night; that at midnight his elder brother Chain Singh arrived there and informed that Gian Singh had taken Bir Singh to his house at Fhalti after accusing Bir Singh of having stolen Rs. 2300/- (Rupees Two Thousand Three Hundred); that accused Jasbir Singh and Kasturi Lal were present there; that all the three accused had confined Bir Singh in a room and subjected Bir Singh to interrogation; that Bir Singh claimed to be innocent; that thereupon all the three accused brought out Bir Singh and tied him with a rope; that Gian Singh assaulted him with a stick while Jasbir Singh struck him with a Tangru (spade) causing injuries on his head and other vital parts of body with the intention of causing his death; that Bir Singh sustained critical injuries and succumbed to the same; that Gian Singh had recovered an amount of Rs.1400/- (Rupees Fourteen Hundred) from shoes worn by Bir Singh and made over the same to his son; and that the body of Bir Singh (hereinafter referred to as 'deceased') was lying in the compound of Gian Singh.