KEWAL KRISHAN Vs. STATE OF J&K

JUDGEMENT

(1.) THIS Criminal Appeal is directed against the judgment and order dated 16.07.2003 and 19.07.2003 passed by the learned Addl. Sessions Judge, Jammu in File No.29/Session, whereby the appellant -Kewal Krishan has been convicted and sentenced to undergo imprisonment for life for commission of offence under Sec. 302 RPC and to pay a fine of Rs.5000/ -. In default of payment of fine, he shall further undergo rigorous imprisonment for one year. He is also sentenced to undergo simple imprisonment of one year for commission of offence under Sec. 323 RPC. He is further sentenced to undergo rigorous imprisonment for three years for commission of offence under Sec. 4/25 Arms Act and to pay Rs.2000/ - as fine and in default of payment of fine, to undergo rigorous imprisonment for six months. Whereas appellants -Ashawni Kumar and Mst. Parmila Devi have been sentenced to undergo imprisonment for life under Section 302 RPC and shall pay a fine of Rs.5000/ - each and in default of payment of fine both the accused to undergo rigorous imprisonment for one year. They have been further sentenced to undergo simple imprisonment for six months each under Sec. 323 R.P.C. However, all the sentences have been ordered to run concurrently.

(2.) THE Prosecution story, in brief, is that complainant Ram Krishan S/O Des Raj R/O Chorli lodged a verbal report with the Police Station, R.S Pura that on 18.06.1996 at about 6.30 p.m. accused persons, namely, Kewal Krishan, Ashwani Kumar sons of Om Parkash and Mst. Parmila Devi wife of Om Parkash, all residents of W. No.1, Tehsil Bishnah, Distt. Jammu had developed enmity with the complainant on account of the land dispute. He and his father had gone to their land and saw that Mst. Parmila Devi, Kewal Krishan and Ashwani Kumar were irrigating their land. His father Des Raj deceased prevented them from doing so, upon this, Mst. Parmila Devi directed his sons that what were they looking for, finish Des Raj today. On this, all the accused with criminal intention to kill him attacked his father. Accused -Kewal Krishan inflicted injuries on his chest with Kirch, Ashwani Kumar hit him with Mungali (a danda of bigger size in width and small size in length), Mst. Parmila with sharp 'Kai (a farming instrument used for digging earth) inflicted injuries on the head of the deceased. His father succumbed to the injuries on the spot and dead body, with oozing blood, is lying on the spot. All the accused after occurrence have fled away from the spot. On this report, Police Station, Bishnah registered FIR No. 48/96 against the accused for alleged commission of offences under Sections 302/34 RPC and 4/25 Indian Arms Act and started investigation.

(3.) DURING investigation, Police prepared the site plan, recorded the statements of the prosecution witnesses, took into custody the dead body of Des Raj and sent it to Hospital for post -mortem, obtained the report of the post -mortem and seized the weapons of offence and wearing apparels of the dead body. Statements of the witnesses under Section 161 Cr.P.C. were recorded. Accused Kewal Krishan made disclosure statement with regard to 'Kirch and, at his instance, it was recovered from beneath a stone lying under Puli (culvert) near village Kothey Chowala. Weapon of offence was sent to FSL and report obtained. Challan was presented. The accused were charged sheeted, they pleaded not guilty and were put to trial.