PREM NATH Vs. STATE

JUDGEMENT

(1.) THE Judicial Magistrate Kulgam committed the accused to the court of Sessions at Anantnag to stand their trial under section 302 R.P.C. for causing the death of Sattar Rather the deceased. The Committal order was made pursuant to the charge sheet submitted by Police Kulgam in F.I.R. No. 63 of 1973. The learned Sessions Judge has convicted the accused No. 1 and 2 Prem Nath and Radha Krishan under section 302 R.P.C. and sentenced them to life imprisonment each. Meena Vati accused No. 3 has been convicted under section 341 R.P.C. and sentenced to pay fine of Rs. 200/ -. Against the order of convictions and sentences passed on them the accused have come up in appeal before this court. Alonside the Sessions Judge has made reference for confirmation of sentence in the case of accused 1 and 2. This judgment will dispose of both the appeal and the reference.

(2.) STATED in brief the case of the prosecution is that Sattar Rather the deceased who lived in neighborhood of the accused appellants allowed the accused to use temporarily a portion of his compound as accused No. 1. required the same in connection with the impending marriage of his daughter. The accused enclosed the compound by "Palyarbandi". The deceased objected to the raising of Such Palyarbandi by the accused but the latter pacified him by saying that it was necessary to be done in order to prevent the dogs from straying into the compound. The accused promised to remove the Palyarbandi at the conclusion of the marriage ceremony. When the marriage ceremony was over the deceased asked Prem Nath to remove the Palyarbandi but the accused No. 1, refused to do so on the pretext that he had now got possession of the land so he would not vacate it. On this the latter sought the intervention of some respectable persons of his village who promised that they would mediate in the matter. On 4th of November 1973 the deceased again approached the accused No. 1 Prem Nath to remove Palyarbandi but the accused No. 1 threatened him with dire consequences. The deceased thereupon approached his co -villagers and again asked them to intervene in the matter but before the mediators could arrive at the spot the deceased again requested the accused No. 1. to remove the Palyarbandi and on his refusal to do so the deceased himself began to remove the Palyarbandi. On this accused No. 1 and 2 asked the deceased not to do it and at the same time they threw down the deceased with force on the ground. Prem Nath accused No. 1 rode at his abdomen and Radha Krishen accused No. 2 ascended on his chest and both of them trampled the deceased under their feet. Bashir Rather the son of the deceased wanted to rescue his father but Meena Vati accused No. 3 held him fast with her hands and did no allow him to go near his father. Yousuf and some other witnesses who came on the scene of occurrence pulled down the two accused from the body of the deceased. The deceased emitted some foam from his mouth and ultimately died on the spot.

(3.) BASHIR Rather, the son of the deceased, lodged the first information report with the police. The police arrived at the spot, took possession of the dead body and forwarded the same for postmortem examination which was done on the next day. Postmortem examination revealed that the death of the deceased was due to neure -genic shock due to severe and sudden pressure on the epigastric region. There was sub -capsular haematoma in the right kidney and collection of blood in the lesser sac in the region of Head of Pancreas due to laceration of Transverse colon.