RACHPAL SINGH ALIAS NIKA Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment of learned Sessions Judge, Jammu dated 16.4.1994, whereby the appellant/ accused, Rachpal Singh, alias Nika has been convicted for an offence under section 302 RPC for causing murder of one Sikhdev Singh, resident of Bhour Camp, Jammu and sentenced to undergo imprisonment for life and a fine of Rs. 1,000/ - and in default of making the payment of fine to further suffer three months simple imprisonment.

(2.) THE substratum of the case as unfolded in the evidence assembled during trial is that on the evening of Ist November,1989 at about 6.30 P.M, the deceased alongwith PW Gurdev Singh was standing together on the road near Ward No. 2, Bhor Camp, when accused, Rashpal Singh, arrived there and started hurling abuses on the deceased in objecting to the latters standing near his home on the previous night. This led to an altercation between the accused and the deceased. It was in the course of oral altercation, the accused wiped out the Kirch and stabbed the deceased, Sikhdev Singh. The accused gave first blow with the Kirch at the neck, the second in the abdomen and third in the chest of the deceased, as a result of which the deceased fell down and started bleeding. Thereafter, the accused fled away from the spot. The deceased was removed to the Hospital by Inderjeet Singh with the assistance of PW Gurdev Singh and on reaching the Hospital, the deceased was declared dead.

(3.) THE First Information Report about the occurrence was lodged on the same day at 7.30 P.M by PW Inderjeet Singh, an eye witness to the occurrence, on the basis of which a case under section 302 RPC stood registered against the appellant -accused and investigation ensued. On the conclusion of the investigation, the accused was finally sent up to face his trial for alleged offence committed under section 302 RPC before the learned Sessions Judge, Jammu and the trial Court after scanning the evidence and hearing the parties, held him guilty of the charge under section 302 RPC and sentenced him for imprisonment for life and a fine of Rs. 1,000/ - accordingly, vide his judgment impugned in this appeal.