JEEVAN LAL Vs. STATE

JUDGEMENT

(1.) THIS judgment shall govern the disposal of both these appeals which arise out of the same order dated 20/21st Feb'98 passed by the learned Sessions Judge. Udhampur.

(2.) APPELLANT Jeevan Lal in Criminal Appeal No. 10/98 along with his father Shankar Dass, since deceased, and his mother Geeta Devi, since acquitted, were prosecuted under Section 302, 307, 448 read with Section 34 RPC, for having committed murder of deceased Vijay Kumar and injuring PW Romesh Chander on 30th Apri1'91 at village Malhar ehsil and district Udhampur.

(3.) THE prosecution case is that on 30th April'91 at about 7.30 pm, Romesh Chander was returning to his house from a Gharat (water flour mill). When he reached near his house, he met his paternal uncle Shanker Dass, who started abusing him. There was an altercation between Shanker Dass and Romesh Chander PW. Shanker Dass had a sickle in his hand. He gave a blow hitting on the left eye of Romesh Chander. Shanker Dass left the scene whereas injured Romesh Chander went to his house. PW Sheela Devi along with her daughter Sanjokta and three daughter -in -laws namely Babli, Rani and Guddi were also present in the house. In the meanwhile, Vijay Kumar, deceased, brother of Romesh Chander also returned to his house and enquired about the incident from his brother. In the meanwhile, at about 8 p.m. Shanker Dass accompanied by his son Jeevan Lal and his wife Geeta Devi came to the house of injured Romesh Chander and started abusing him. Shanker Dass and Jeevan Lal were armed with daggers. When Romesh Chander came out of the compound. Geeta Devi caught hold of Romesh Chander and Jeevan Lal gave a dagger blow on the back of Romesh Chander due to which he fell down. Vijay Kumar, brother of Romesh Chander came to rescue his brother. Geeta Devi also caught hold of Vijay Kumar and Shanker Dass and Jeevan Lal inflicted blows in his abdomen. Vijay Kumar became unconscious and the ladies present in the house raised alarm. On this, the accused ran away from the spot along with the weapons. The injured were taken to hospital where Vijay Kumar was declared dead. Injured Romesh Chander was admitted in the hospital and was given treatment.