TARLOCHAN SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) This is an appeal by one Tarlochan Singh against his conviction under section 302 RPC by learned 1st Additional Sessions Judge, Jammu vide judgment dated 31.07.2002 and sentence of imprisonment for life and fine of three lac rupees vide order dated 19.08.2002.

(2.) Heard. We have perused the record.

(3.) Prosecution case as it was set up before the learned trial court, shorn of unessential, is that on 03.06.1998 at about 6.00 in the morning Tarjinder Singh (PW-3) found that Daljeet Singh, Balbir Singh, Avtar Singh sons of Hari Singh, Harbans Singh and Balkar Singh sons of Thakur Singh (for short the accused) have diverted the course of water from his land towards their land. On his asking, the accused openly told PW-3 that they will tell him shortly thereafter. After this incident PW-2, Gurmeet Singh (for short the informant) accompanied with his brother, Jasbir Singh (PW-4) and mother, Parsan Kour (for short the deceased) and PW-3 diverted the course of water towards their land. This annoyed the accused persons. The informant party were returning to their house after diverting the course of water to their field. On their reaching near a 'Sareen ' tree outside village, Sunjwa, a bus bearing No. JK-02E 8815 owned by accused Balbir Singh was coming from opposite side. Accused (appellant) Tarlochan Singh was driving the bus whereas the other accused were sitting in it. On seeing the informant party the accused persons with a common intention and common object exhorted the driver of the bus to run the bus over the informant party and kill them so that the everyday hassle is finished. On seeing this, informant pulled his mother (deceased) on to a 'Banna ' (embankment) and PWs Jasbir Singh and Tarjinder Singh also climbed the embankment. The driver of the bus, however, in furtherance of the exhortation by the owner of the bus and the other accused suddenly steered and accelerated the bus towards and on to the embankment of the field and ran over the informant party with the intention of killing them. The deceased and PW Jasbir Singh were entrapped under the bus and were severely injured. Informant and Tarjinder Singh, however, jumped over to safety.