RAJ KUMARI Vs. STATE OF J&K

JUDGEMENT

(1.) This appeal has been directed against the judgment and order dtd. 20/4/2016, propounded by learned Principal Sessions Judge, Kathua (fort short, "the trial court") in file No. 28/Challan titled "State vs. Raj Kumari", vide which, appellant came to be convicted for offence under Sec. 302 of Ranbir Panel Code, 1989, ["RPC"], and sentenced to undergo rigorous imprisonment for life and pay fine of Rs.10,000.00 and in case of default in the payment of fine, to further undergo rigorous imprisonment for three months.

(2.) The appellant has assailed the impugned judgment of conviction and order of sentence on multiple grounds, however, before the grounds urged in the memo of appeal are adverted to, it shall be apt to have a bird's eye view of the background facts of the case.

(3.) The prosecution story, as unfurled from the charge sheet, is that on 24/10/2012, PW Jaswant Singh lodged an oral report in Police Station, Kathua, alleging inter alia that during the intervening night of 23 rd/24th of October 2012, while his aunt namely, Soma Devi, who was residing in ward no. 10, Kathua was asleep, some unknown persons trespassed into her house, killed her and was robbed of her gold ear rings. It was reported that dead body of the deceased was lying on the bed in her room. On the receipt of this report, the police agency swung into action, FIR No. 431/2012, came to be registered and investigation came into vogue. During investigation, the investigating agency, besides other legal formalities, lifted finger prints from the room of the deceased, seized blood stained articles and one brick lying in the veranda of the house. The investigating officer recorded statements of witnesses in terms of Ss. 161 CrPC and 164 CrPC.