AMAR NATH Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) This appeal is directed against the order of 1st Additional Sessions Judge, Jammu, dated 16-8-1982 convicting the accused-appellant under Sections 302, 323 and 447 R.P.C. and sentencing him to undergo imprisonment for life and a fine of Rs. 500/-, rigorous imprisonment for one year and rigorous imprisonment for one month respectively.

(2.) The prosecution case against the accused was that on 12-5-1977, in the morning. Chhajju Ram deceased was watering his fields situate in village Sehora when the accused who had a land adjacent to the land of the deceased Chhajju Ram, came there with kehiT in his hand. The accused started abusing Chhajju Ram because of previous enemity about some dispute between them in regard to the boundry of the land and persisted in doing so despite warning given by the deceased not to repeat the same. On this, the accused inflicted blows with kehi on the neck and face of deceased Chhajju Ram due to which he fell unconscious. Harbans Lal son of Chhajju Ram, who was also working in the field, came to the rescue of his father but he was also hit on his head by the accused with kehi. Harbans Lal, however, was saved because of the towel which he had wrapped on his head but sustained some minor injuries. Chhajju Ram was immediately removed to the hospital at Bishnah where he was provided medical aid but was referred to the S.M.G.S. Hospital, Jammu. Chhajju Ram, however, sccumbed to the injuries at S.M.G.S. Hospital, Jammu, on 14-5-1977.

(3.) Head Constable Shivdev Singh of Police Station, Bishnah, after coming to know about the occurrence went to the hospital where Chhajju Ram was under treatment and recorded statement of Harbans Lal as his father Chhajju Ram was found to be unconscious and incapable of making any statement. On the basis of this statement, Head Constable made entry in the Roznamcha of Police Station, Bishnah and forwarded the same to Police Station, Gandhinagar, for registration of case as the occurrence had taken place in the jurisdiction of that Police Station. Accordingly a case under Sections 307 and 304 R.P.C. was registered at Police Station, Gandhinagar, Jammu but on the death of Chhajju Ram, the offences was changed from 307 to 302 R.P.C. The case was investigated by various Police Officers of Police Station, Gandhinagar, Jammu, and ultimately the accused was challaned in the court of Chief Judicial Magistrate, Jammu, for the commission of offence punishable under section 302 R.P.C. The learned Chief Judicial Magistrate, Jammu, held enquiry and committed the accused to stand trial under sections 302 and 323 R.P.C. in the Court of Session. The learned AddI. Sessions Judge, Jammu, who, initially tried the case, however, framed fresh charge against the accused-appellant under Sections 302, 447 and 323 R.P.C. The accused pleaded not guilty and claimed to be tried. The AddI. Sessions Judge, recorded the prosecution as well as defence evidence and heard the arguments when the case was transferred from his court to the court of 1st AddI. Sessions Judge, Jammu. The learned 1st Add!. Sessions Judge, Jammu, heard the arguments and convicted and sentenced the accused as aforesaid.