JAGDISH SINGH ALIAS KINNA Vs. STATE

JUDGEMENT

(1.) By this common judgment, Criminal Appeal filed by the accused-appellant Jagdish Singh and Criminal reference made by the learned Additional Sessions Judge, Jammu are being disposed of.

(2.) The appellant-accused Jagdish Singh alias Kinna was tried under FIR NO: 326/91 registered at Police Station, R.S. Pura for commission of offences under Section 302RPC and 4/27 Indian Arms Act, before the Court of learned Additional Sessions Judge, Jammu. He has been convicted for the said offences and sentenced to undergo imprisonment for life and a fine of Rs. 25,000/- for the offence under Section 302 RPC and three years Rigorous imprisonment and fine of Rs. 1000/- for the offence under Section 5/27 Indian Arms Act. Both the sentences have been made to run concurrently, in default of payment of the fine, the accused appellant has been ordered to suffer further imprisonment of four years and six months for both offences respectively. On realization of the fine, the same has been ordered to be given to the next kins of the deceased, as compensation. The judgement was passed by learned trial court on 8.12.1998.

(3.) The case of the prosecution before the trial court was that on 11-12-1991 the deceased Ranbir Singh, accused Jagdish Singh alias Kinna were members of the marriage party (Barat) of Yash Singh S/O Budhi Singh and were going to Chamney Chack. When the marriage party reached there, the accused started raising wild shouts (Bablies). The deceased Ranbir Singh objected, whereupon an altercation started between them. The other members of the marriage party, who were also members of the same Bradari intervened, as a result of which, fued between the two was averted. The accused, however, declared that he would not leave Ranbir Singh and as and when he finds an opportunity, he would kill him. After the marriage ceremony was over, the baratis returned back in two buses to village Bidder. After reaching at village Sidder the Baratis started retuning to their respective houses, whereas PW-Shamsher Singh, father of the deceased, Darshan Singh, Soba Singh, Satpal Singh and Sham Singh started down-loading the dowry articles from roof-top of the bus. Ranbir Singh (deceased) also left for his house. The time was about 10.00. At about 10.15/10.30 P.M. cry of Ranbir Singh deceased was heard by PWs, who were engaged in down-loading the dowry articles. The deceased called his father for help saying "Bachao-Bac-hao". On baring the cry of deceased, PW Shamsher Singh accompanied by Soba Singh & Darshan Singh ran towards the place from where the cry had come. PW Sham Singh at that time was taking the driver of the bus to his house to serve him a cup of tea. PW Shamsher Singh, father of the deceased was having a Torch. In the light of the Torch, the accused was seen giving blow after blow of the kirch on the person of the deceased. The moment the witnesses reached near Ranbir Singh, the accused ran away from the scene of occurrence. The father of the deceased PW-Shamsher Singh took the falling Ranbir Singh in his arms. The injured told his father "Pitaji Kinna Mar Gaya-Hospital Pahunchao". (Kinna has injured me, take me to the hospital). Ranbir Singh had been seriously injured and was bleeding profusely. PW-Sham Singh and driver of the bus had also reached there. The injured was put in the bus and taken to R.S. Pura hospital where the Doctor on duty advised them for immediately shifting the injured to Saddar Hospital at Jammu for treatment. PWs Darshan Singh, Soba Singh and Satpal Singh took the injured Ranbir Singh in the bus to Jammu Hospital, whereas PW Shamsher Singh, father of the injured went to Police Station R.S. Pura and lodged FIR at 2300 hours i.e. after about half an hour of the occurrence. The police registered FIR-EXPWMA for commission of the offence under Section 307 RPC read with Section 4/27 Indian Arms Act. A copy of the FIR was sent to and received by the court of Munsiff, Judicial Magistrate, R.S. Pura at 10.10 A.M on the next day i.e. 12.12.1991. After registration of the case, the police went on the scene of occurrence and when the Investigating Officer was about to leave for Jammu, where the injured had been taken, near Old Bus Stand, R.S. Pura, he found the bus in which the injured had been taken, was coming back with the dead body of deceased Ranbir Singh. The injured Ranbir Singh when had reached Saddar Hospital, Jammu Doctor had declared him as "Brought Dead". On finding that the injured had already succumbed to the injuries, the offence under Section 302 RPC was added in the FIR and the investigation was commenced.