SURESH KUMAR Vs. STATE OF J & K

JUDGEMENT

(1.) Appellant Suresh Kumar has filed this appeal against Judgment dated 29.06.2010 in File No. 16/Sessions whereby learned Sessions Judge, Reasi has convicted him under Sec. 302 RPC and 5/27/30 Arms Act and order dated 30.06.2010 whereby he has been sentenced to imprisonment for life in proof of offence under Sec. 302 RPC and imprisonment for a term of 5 years in proof of offence under Ss. 5/27/30 Arms Act. Heard. We have perused the record.

(2.) Facts of the prosecution case are that on 20.07.2005 in the evening, Krishan Chand (deceased/victim) accompanied by his minor son PW -Sanjeev Kumar had gone for purchasing toffees from shop of PW -Isher Dass falling nearby his house in village, Dhirti, Tehsil, Udhampur. When the victim and his son were returning back to their home after purchasing the toffees, the appellant (accused) fired a shot through his 12 bore SB gun on the victim from behind in his back. The victim fell on the road when the accused fired another shot in his head which ruptured his brain. The victim died on spot. The father of the victim, PW -Badri Nath, lodged written information (Ext. -P1) about the incident at Police Station, Katra at 9 P.M. FIR No. 159/05 under Ss. 302 RPC and 3/25 Arms Act was registered and the S.H.O. of the Police Station took up the investigation. The Investigating Officer (I.O.) proceeded to the place of occurrence, prepared the crime scene report 'Report Marg' (Ext. P -38/5) took charge of the dead body of the victim and dispatched it for postmortem. He seized pure earth, blood stained earth, one spent cartridge of a 12 bore gun bearing inscription' - -No. 309YOM, 65mm, 12 - -'and one 'Datta' (air cushioning wad) of a cartridge from the crime scene and sealed them under marks 'A', 'B', 'C' and 'D' respectively. He prepared sketch map of the place of occurrence (Ext. P -38/1). In the course of further investigation the I.O. arrested the appellant (accused) on 21.07.2005. On 23.07.2005, the I.O. recorded disclosure statement (Ext. -P 15 -I) of the accused, which lead to discovery of the weapon of offence, a 12 bore gun (SB No. 17909 -95) with a spent cartridge bearing No. '309YOM, 65 mm - -'in its barrel, which were seized vide seizure memo (Ext. -P 15 -II). The I.O. also seized 12 pallets and one 'Datta' which were found inside the dead body of the victim by the Doctors while performing the postmortem and recorded statements of the witnesses under Sec. 161 Cr.P.C.

(3.) The I.O. after investigation found that the informant PW -Badri Nath, and Ram Saran, the grandfather of the appellant (accused), were neighbours and related as cousins in brotherhood. They were nourishing enmity for 8/9 years on account of right to way and water and because of that enmity, the two sides used to quarrel with each other, they were not on talking terms and the appellant had threatened the informant that he will kill his son. In sequel to this enmity the accused shortly before the incident had got himself appointed as retainer of the licensed gun of his grandfather and was in lookout for eliminating the victim. On 20.07.2005, the appellant armed with the said gun had follow the victim to the shop and shot him dead when he accompanied by his son was returning home after purchasing toffees from the said shop.