TARSEEM LAL Vs. STATE OF J&K

JUDGEMENT

(1.) SECOND Additional Sessions Judge, Jammu by his judgment dated 31 -01 -1994 held the appellants guilty of committing murder of one Chanan Singh at village Nadi and sentenced each one of them to suffer imprisonment for life in proof of offences under sections 302/34 RPC and fine of Rs. 2,000/ - on the first count and in default of which, they will undergo simple imprisonment for a period of six months, and on the second count, for the offences under sections 3/25 Arms Act, appellant Tarseem Lal is sentenced to undergo one years rigorous imprisonment and a fine of Rs. 500/ - and one years rigorous imprisonment and a fine of Rs. 500/ -, for offences under sections 4/27 Arms Act; Garoo Ram to undergo one years rigorous imprisonment and a fine of Rs. 500/ - in proof of offences under sections 4/27 Arms Act and Hadi Ram, for offences under sections 4/27 Arms Act, to undergo one years rigorous imprisonment and fine of Rs. 500/ -, and in default of payment of fine imposed, each accused to further undergo two months simple imprisonment for their respective fine, with a further order to run subsequent sentences concurrently.

(2.) THE anchor sheet of the prosecution case enumerated from the record, in nutshell, is that Qabal Ram lodged a verbal report with the Police Station, R.S. Pura, to the effect that on 7th March, 1990 at 9.00 a.m., when Chanan Singh son of Ram Singh alongwith his wife was cutting Shatala grass in his land at village Nadi, all the four accused, namely, Tarseem Lal, Garoo Ram, Hadi Ram and Jagga, armed with gun, pistol and sharp -edged weapons, made a 'Lalkara and fired a shot at Chanan Singh. In order to save his life, Chanan Singh when tried to run away, the accused chased him. The complainant was also cutting Shatala in his own field and on hearing gunshots, he got attracted to that side. The deceased, Chanan Singh, fell down in the land of Surat Singh and accused also reached there and chopped off the arms of the deceased and also fired shots and killed Chanan Singh on spot. Mst. Garo Devi cutting Shatala in her field from a short distance from the place of occurrence had also seen the incident. The complainant Qabal Ram also stated to have heard four gunshots. The accused after causing the murder of the deceased fled away towards village Khapar. The murder of the deceased is stated to have been committed by the accused on the basis of long drawn enmity, as the accused earlier had also chopped off the legs and arms of the deceaseds brother, Amrik Singh. The complainant further reported to the police that Beeru Devi wife of Lal Chand had met him yesterday and informed that Chanan Singh will be murdered within 2/3 days. On the report of Qabal Ram, complainant, a complaint under sections 302/120 -B/149 RPC and 3/25 and 4/27 Arms Act stood registered with Police Station, R.S. Pura, and investigation ensued. The police took possession of the dead body of the deceased and sent for post -mortem examination.

(3.) ON the arrest of the accused, the weapons of offence used in committing the murder of the deceased were also discovered on their disclosure statements made in custody during interrogation. On the conclusion of investigation, accused were sent up for trial for offences under sections 302/34 RPC and 3/25 and 4/27 Arms Act. The trial court after the frame of the charge and examining the witnesses produced by the prosecution and hearing the parties, held the accused guilty and convicted them accordingly. 3. We have heard the arguments advanced by Mr. B.L. Kalgotra, appellants counsel, as well as Mr. B.S. Salathia, Additional Advocate General, in extenso. A minute examination of the facts on file has also been made.