DEV RAJ Vs. STATE OF J AND K

JUDGEMENT

(1.) These appeals arise from the judgment and order dtd. 5/10/2009 and 22/10/2009 passed by the Sessions Judge, Jammu, in FIR No. 70/2001 registered at Police Station Bahu Fort under Ss. 302, 307, 326, 109, and 34 RPC. By the impugned judgment, the appellants Balwan Singh and Dev Raj, along with co-accused Gandharb Singh, were convicted and sentenced to life imprisonment for the offence under Sec. 302 RPC and to five years' rigorous imprisonment for the offences under Ss. 307 and 326 RPC, besides a fine of ?50,000 each. The trial court also referred for confirmation of the sentence.

(2.) During the pendency of the appeals, co-accused Gandharb Singh passed away, resulting in abatement of the appeal insofar as he is concerned. The present appeals, therefore, survive only with respect to Dev Raj and Balwan Singh.

(3.) The prosecution's case, in brief, is that appellant Balwan Singh had a dispute with one Ashok Kumar regarding a booking counter at the Jammu Bus Stand. Ashok Kumar had authorised Pardeep Kumar @ Deepa (deceased) through a Power of Attorney to represent him in the matter. On 24/4/2001, Pardeep Kumar, along with his friend Kamal Raj@Pappu (also deceased) and PW Sanjeev Kumar, had gone to the JDA office at Panama Chowk, Jammu, to attend proceedings related to the dispute, pursuant to directions from a civil court to approach the JDA authorities for resolution.