MOOL RAJ Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order dated 26.05.2000 passed by the learned Sessions Judge, Udhampur, whereby the Appellant No.1 - Mool Raj has been convicted under Section 307 RPC and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 1000/ -. In default of payment of fine, he shall further undergo simple imprisonment for six months. The appellants 2 and 3 have been convicted under Sections 307/109 RPC and sentenced to undergo rigorous imprisonment for a period of one year each and to pay a fine of Rs. 500/ - each. In default of payment of fine, they shall further undergo simple imprisonment for three months each.

(2.) THE prosecution story, in brief, is that on 10.12.1989 Charan Dass, brother of Smt. Ranu Devi had come to Lansi to the house of Makaru Ram in connection with the marriage ceremony. After participating in the marriage function, he came to the house of Ranu Devi to enquire about their welfare. Charan Dass left for his house at about 6.30 PM. Mansa Ram accompanied him towards Birwanh Nallah. Mansa Ram did not return back for a pretty long time. Satya Devi alongwith Ranu Devi and Gopi Chand went to find out as to why her husband Mansa Ram had not returned back. When they went towards Birwanh Nallah and on reaching near the banks of Birwanh Nallah, they heard shrieks coming from that side. On reaching the place wherefrom the shrieks were coming, they saw appellant Mool Raj alias Darshan Lal assaulting Mansa Ram with darat on his head. The other appellants were also present on the spot and were instigating appellant Mool Raj to kill Mansa Ram. Mansa Ram sustained multiple injuries. Ranu Devi and others raised alarm on which Sadhu Ram, Prem Chand and Kapoor Chand attracted to the spot and the appellants ran away from the scene of occurrence alongwith weapon.

(3.) THE injured was brought to hospital and the intimation was sent to the police at about 9.00 PM. On receipt of information, ASI -Surjit Singh went to the hospital, where Mansa Ram was found to have been admitted but he was unable to make statement. ASI -Surjit Singh recorded the statement of Smt. Satya Devi, which was read over to her, on the basis of which FIR under Sections 307/109 RPC was registered. ASI -Surjit Singh also visited the place of occurrence, prepared the site plan, seized the blood stained clothes of the injured and arrested the appellants. Weapon of offence was also got recovered. After completion of the investigation, the challan was presented before the Court of learned Chief Judicial Magistrate, Udhampur, who committed the same to the Court of learned Sessions Judge, Udhampur, for trial.