JASBIR SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) This is appeal against judgment of learned Additional Sessions Judge, Jammu dated 11 -12 -2002 whereby appellant, Jasbir Singh (A -l), has been convicted under Sections 302, 201, RPC and 4/25 Arms Act and appellant -Joginder Singh (A -2) under Sections 302/34, RPC and order dated 12 -12 -2002 whereby A -1 has been sentenced to imprisonment for life under Sec. 302, RPC, imprisonment for one year and fine of Rs. 500/ - under Sec. 201, RPC and imprisonment for one year and fine of Rs. 200/ - under Sec. 4/25 Arms Act and A -2 to imprisonment for life under Sections 302/34, RPC. A -2 has died during pendency of this appeal.

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

(3.) Prosecution case is that on 11 -10 -1991 one Rashpal Singh alias Bablu (hereinafter to be referred as the deceased), a resident of village, Malikpura, Tehsil, R. S. Pura, had come to attend the marriage ceremony of the daughter of one Pritam Singh at Camp Gol Gujral, Jammu. At 7.30 p.m. he after attending the wedding was on his way to the house of his Aunt (mother 's sister). When he reached near the shop of A -2, A -2, his son, A -1 (Jasbir Singh) and one Harjeet Singh alias Koki (hereinafter to be referred as the co -accused) with a common criminal intention because of a previous enmity made a murderous attack on him. A -2 and the co -accused caught hold of the deceased by his arms and A -l inflicted blows on his person with a dagger. In his bid to save his life the deceased ran away and fell in the nearby canal. He crossed to other side of the canal. A -1, A -2 and the co -accused also crossed the canal by using a 'wooden poli ' available on spot and attacked the deceased once again. This time A -2 caught hold of the deceased and A -l and the co -accused inflicted blows on him with a 'kirch ' and a dagger. A -2 exhorted that the deceased should not escape alive. On hearing noise, S. Ragbir Singh (PW -3), his brother, S. Jaswant Singh (I 'W -4),Inderjeet Singh (PW -5) and some others came on spot and on seeing them the assailants ran away. PW -4 evacuated the deceased to hospital at Jammu whereas PW -3 accompanied by Satinder Singh (PW -7) proceeded to Police Post, Pony Chak for lodging information. PW -3 lodged verbal information of the incident which was entered as report No. 19 dated 11 -10 -1991 in the daily diary of the Police Post. On the basis of this report, MR No. 162/1991 under Sections 307/34, RPC was registered at Police Station, Domana and investigation entrusted to Wazir Ahmed Ganal, officer -in -charge, Police Post, Pony Chak. On the same day the deceased succumbed to his injuries in the hospital and the case was converted to one under Sections 302 and 201/34, RPC and 4/27 Arms Act. In the course of investigation the Investigating Officer (I.O.) proceeded to the hospital, took charge of the dead body of the deceased and dispatched it for post -mortem. He visited the place of occurrence and prepared sketch -map of the crime scene. A -l and A -2 were arrested and on the basis of disclosure statement made by A -1 a 'kirch ' was recovered on 23 -10 -1991 as the weapon of offence.