SIMON Vs. STATE

JUDGEMENT

(1.) Station House Officer, Police Station, Pir Mitha, Jammu on 23.03.2002, presented a charge-sheet against the appellants before learned Chief Judicial Magistrate, Jammu, alleging therein that appellants on 04.02.2002, at 6.45 P.M. came to the grocery shop of one Shakti Kumar Gupta son of Janak Raj Gupta at Bawe Wali Gali, Jammu, demanded money from him and on his refusal, appellant Simon alias Sonu stabbed Shakti Kumar Gupta, while two other appellants, namely, Darshan Gill and Suram Chand alias Surma caught hold of his arms and that the victim of the murderous assault breathed his last on way to a local hospital.

(2.) The case being one exclusively triable by the Court of Sessions, learned Chief Judicial Magistrate, Jammu, committed the case to Sessions Court, Jammu on 23.03.2002. Appellants were on 27.05.2012 formally charged of the offences punishable under Sections 302/34 Ranbir Penal Code (hereinafter for short, RPC) and 4/25 Arms Act. They denied the charge and asked for regular trial. The prosecution, therefore, was left with no option but to examine the witnesses listed in the charge sheet to substantiate the charges against each of them.

(3.) The prosecution of the 18 witnesses, listed in the charge-sheet, examined as many as 12 witnesses. The witnesses appearing in the witness box to substantiate the prosecution case, were PWs-Janak Raj Gupta father of victim, who reported the occurrence to the Police Station, Pir Mitha, Parvesh Gupta widow of deceased, Suraj Parkash, his brother in law, PW-Chuni Lal, a local shopkeeper - all witnesses to the occurrence and Constable- Mohd. Aslam, HC-Daljit Singh, Manohar Singh-Naib Tehsildar, Baldev Raj-Patwari, were associated with the investigation, Dr. Manju Tickoo, Medical Officer - who conducted the post mortem examination on the dead body and Dr. K. K. Raina, and Dr. S. C. Bhagat, Scientific Officers, FSL-who gave their expert opinion touching some aspects of the investigation. PW-Munir Bhat, Investigating Officer, was also examined by the prosecution to substantiate its case. The prosecution witnesses who for one or other reason stayed away from the witness box were Gandharb Singh, ASI, Rajesh Kumar, SPO, Gopal Krishan, Kamal Kishore, Kuldeep Kumar, and Pushpa Devi.