KARAN SINGH Vs. STATE OF J. AND K.

JUDGEMENT

(1.) This appeal by Karan Singh (A-1), Parveen Singh (A-2) and Sham Singh (A-3) is directed against judgment and order dated 12.11.1994 of the learned Sessions Judge, Jammu, whereby they have been convicted under sections 302/34 and 379 RPC and sentenced to imprisonment for life under section 302 RPC and six months' rigorous imprisonment under section 379 RPC. Besides, A-1 and A-3 have been convicted and sentenced to one year's rigorous imprisonment under section 4/27 Arms Act. The sentence of life imprisonment is subject to confirmation by this court for which learned Sessions Judge has made the reference. Heard. We have perused the record.

(2.) Prosecution case is that on 25.02.1986 deceased Tilak Raj, a resident of village, Purana Pind, Tehsil R.S. Pura, left his house at about 7.00 AM by his bicycle accompanied by PW Som Nath to attend his work place at Gandhinagar, Jammu. PW Som Nath, however, returned back running and informed brother, PW Mulakh Raj, of the deceased that A-1 to A-3, who were respectively armed with 'toka', hockey-stick and 'dah', waylaid and inflicted severe injuries to the deceased near the shellor outside the village, who has fallen on spot. PW Mulak Raj immediately told this fact to his mother and ran towards the place of occurrence along with PW Som Nath. No sooner did he reach in the street outside the house, he saw that A-1 to A-3 armed with weapons were going towards village, Satrian, by the bicycle of the deceased, who danced 'bangara' at the chowk and A-1 rowdily declared that today they have killed Tilak Raj and revenged the death of their brother, Subash Chander. PWs Mulakh Raj and Som Nath ran towards the shellor where they found dead body of the deceased lying at the side of the road having suffered lot of injuries and amputation of right hand. PW Mulakh Raj then went to Police Station, R.S. Pura and lodged information about the occurrence in which, besides above, he stated that A-1 to A-3 were inimical towards his family and have committed murder of the deceased with a common intention.

(3.) After completion of the investigation, police laid charge sheet against the appellants, which after committal came up for trial before learned Sessions Judge, Jammu. Appellants pleaded not guilty and claimed to be tried. Prosecution thus entered its evidence and sought to prove its case by producing 12 witnesses, namely: