CHARANJIT SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) This appeal by appellants-convicts (hereinafter referred to as "accused") is directed against judgment of conviction and order of sentence respectively dated 26.04.1993 and 29.04.1993 formulated by learned Sessions Judge Jammu in File No. 91/Sessions titled State vs. Charanjit Singh & ors. by virtue whereof accused- Charanjit Singh has been convicted of offence under Sections 302 of RPC and 4/27 of Arms Act and sentenced to imprisonment for life and fine of Rs.1000/-(Rupees One Thousand) for offence under Section 302 of RPC, in default of payment of fine to further suffer six months simple imprisonment; also sentenced to one year"s rigorous imprisonment and a fine of Rs.500/-(Rupees Five Hundred) for offence under Section 4/27 Arms Act, in default of payment of fine to further undergo three months simple imprisonment. Accused Inder Singh and Rattan Lal have been convicted for offence under Section 302/34 of RPC and sentenced to imprisonment for life and a fine of Rs.1000/- (Rupees One Thousand) each, in default of payment of fine to further suffer six month"s simple imprisonment. Learned Sessions Judge has made Reference in terms of Section 374 of Cr.P.C. for confirmation of sentence of life imprisonment slapped on the accused. Confirmation Reference No. 17/1993 has been clubbed with the instant appeal for disposal.

(2.) Prosecution version, as emanating from report submitted by the Investigating Agency under Section 173 of Cr.P.C., is that on 07.11.1986 at about 1.30 am one Waryam Singh lodged a written report at Police Station Bishnah alleging therein that his relative Gian Chand (hereinafter referred to as "deceased"), who was a hotheaded man disliked by the villagers and had previously been subjected to a murderous assault resulting in serious injuries, was chased by the accused after the deceased had an altercation with some villagers who raised a lalkara that Gian Chand should not be permitted to escape but the deceased managed to save his life.

(3.) Charges came to be framed against accused Charanjit Singh for offences under Sections 302 of RPC and 4/25 and 4/27 of Arms Act whereas charges against accused Rattan Lal and Inder Singh came to be framed under Sections 302/34 of RPC. The accused pleaded not guilty and claimed trial. Prosecution adduced evidence at the trial and upon its conclusion the incriminating circumstances appearing in prosecution evidence were put to accused for their explanation in terms of provisions of Section 342 of Cr.P.C. The accused denied the prosecution allegations and pleaded that they had been falsely implicated in the case. No evidence was adduced in defense. On consideration of the evidence brought on record during trial learned Sessions Judge recorded the conviction of accused and passed sentence upon them as afore-said which have been assailed through the medium of the instant appeal.