BANARSI DASS Vs. STATE OF J&K

JUDGEMENT

(1.) THIS Criminal appeal is directed against judgment dated 3.1.2002 and order dated 4.1.2002 of learned 2nd Additional Sessions Judge, Jammu whereby he has convicted the appellant under Sections 304 part -II, 309 R.P.C and under Section 4/25 Arms Act and sentenced him to undergo rigorous imprisonment for 7 years under Section 304 part -II and one year simple imprisonment under Section 309 R.P.C and one year rigorous imprisonment under Section 4/25 Arms Act.

(2.) THE prosecution case, in nut -shell, is that on 29.6.1997 Asha Devi, Rekha Devi, Mst. Bima, and Geeta Devi, were going back to their respective houses, after answering the call of nature, when they saw appellant Banarsi Dass causing injury to the abdomen of Geeta Devi with a ËœKrichâ„¢. It is further alleged that the appellant, after causing injury to Geeta Devi, had tried to commit suicide by causing injury to his person. The intention, imputed to the appellant is that he wanted to marry Geeta Devi, which had been objected too by deceased Geeta Devi and her parents.

(3.) GEETA Devi was taken to Hospital where she was declared dead. Appellant was also taken to the Hospital on the same day. The appellant was charged under Sections 302, 341, 309 R.P.C and under Section 4/25 Arms Act.