BHAJAN SINGH Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) The present appeal is directed against judgment dtd. 18/8/2004 passed by the learned Sessions Judge, Kathua ['the trial Court' for short] whereby the appellants have been convicted of offences under Sec. 307/326 RPC. Challenge has also been thrown to order dtd. 20/8/2004 whereby in proof of offence under Sec. 307 RPC, the appellants have been sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs.100.00, whereas, in proof of offence under Sec. 326 RPC, they have been sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.500.00.

(2.) It appears that the charge-sheet was laid against the appellants herein before the trial Court alleging therein that on 19/12/1995 at about 9.30 pm, the appellants, who were armed with a Toka, attacked injured PW Gulzar Ahmed while he was proceeding from PDD office, Basohli towards his residence at Chogan, Basohli, as a result of which, the injured PW Gulzar Ahmad received grievous injuries on his head, face and other parts of the body. According to the prosecution case, the assailants launched the aforesaid attack upon the injured with an intention to commit his murder. PW Gulzar Ahmed was found in an injured condition lying on the road near Power House and the police shifted him to the Hospital at Basohli. FIR No. 94/95 for offences under Ss. 307/326 RPC and 4/25 Arms Act was registered and the investigation was set into motion.

(3.) During investigation of the case, statement of the injured was recorded by the Investigating Officer/SHO, Police Station, Basohli. He was subjected to medical examination and the statements of other witnesses under Sec. 161 CrPC were also recorded. The weapon of offence viz. 'Toka' was recovered on the basis of the disclosure statement made by the appellant Bhajan Singh and after investigation of the case, offences under Sec. 307/326 RPC and 4/25 Arms Act were found established against the appellants. Accordingly, the charge sheet was laid before the trial Court.