RAGHUNATH DASS Vs. STATE

JUDGEMENT

(1.) RUGHUNATH Das has been tried and convicted by the Sessions Judge, Jammu, under Ss. 302 and 307 of the RFC for causing the death of Krishan Lal Baghi and injuries to PWs. Lal Chand, Hans Raj, Dewan Chand, Mulk Raj, Chaman Lal, Chain Singh, Tilak Raj and Tarseem Lal. Under the first count the accused has been sentenced to death and under the second count he has been ordered to suffer rigorous imprisonment for a period of seven years, and to pay a fine of Rs. 100/ -. He has appealed against his convictions and sentences and the record of the case has also been submitted to us by the learned Sessions Judge for confirmation of the sentence passed under S. 302 R.P.C.

(2.) THE case as put forth by the prosecution is that at a public meeting held on July 31, 1972, at Arnia, a township in Jammu District, which was addressed by Dr. Shiv Lal, a Sanja Morcha (united front) under the leadership of the deceased, Krishen Lal Baghi, was formed to launch an agitation for the purpose of securing cash dole for the residents of the place. It was also resolved at the meeting that to achieve the aforesaid objective, a procession should be taken out every evening. Accordingly with effect from August 1, 1972, a procession commenced to be taken out every evening which paraded through the local bazar. Sometimes the procession would be taken out from the local temple and sometimes from Borhi Mahashan. On the fateful evening of August 4, 1972, also a procession consisting of 150 or 200 persons was taken out at about 9 -30 or 9 -45 P. M. from the temple under the leadership of the deceased which wended its way through the local bazar. At about 10 P. M. when the procession reached in front of the door of Milkhi Ram Lamberdars house which is situate In the vicinity of the accuseds house, the accused came out of his house and protested against the passing of the procession through the lane in which his house was situate. Krishen Lal, deceased, thereupon told the accused that since the procession had been taken out in connection with a common case, it would go that way, irritated at this remark of the deceased, the accused rushed to his house and brought out loaded gun Ex. P. A. along with a bandoleer containing live cartridges and standing in his deorhi he fired a shot at the deceased hitting him in his chest in consequence whereof the deceased fell down. As soon as the deceased fell down, the accused re -loaded his gun and bolting his deorhi from inside, he went to the roof of his house when the precisionists raised an alarm and cried that a poor person belonging to the united front had been killed without any rhyme or reason and the procession would march ahead, the accused challenged the processionists to proceed ahead. Stricken with fright at the threat held out by the accused, the processionists started retreating but the accused who was in a state of excitement fired four shots at the processionists injuring nine of them, namely, Thoru Ram, Mulkh Raj, Dewan Chand, Tarseem Lal, Lal Chand, Hans Raj, Chaman Lal, Chain Singh and Tilak Raj. Seeing this unfortunate turn of events, two of the processionists namely, PWs. Chuni Lal and Babu Ram, hastily proceeded to the police post at Arnia and lodged an oral report Ex. P. A. about the incident. After taking down the report, Shri Bandel Singh ASI, Officer -in -charge of the Police Post, despatched a copy thereof to the police station, RS Pura, for registration of the case and taking a 303 rifle and two constables with him self repaired to the scene of occurrence. On reaching the house of the accused he asked the latter to come down and surrender himself. After some hesitation when the accused came down with the gun Ex. P. A. and the bandoleer Ex. PE he was taken into custody by the Police and whisked off to the police post. On reaching the police post the ASI seized the gun Ex. P.A. which contained a live cartridge, Ex. P "2", and the Bandoleer Ex. P.B. which contained 3 live cartridges Ex. P.C., P.D. and P.E. and sealed the same. The ASI also recorded the statements of PWs. Chuni Lal, Babu Ram and Puran Chand. Thereafter he handed over the investigation to PW Shri Shanti Swaroop, Inspector of Police, who had in the meanwhile reached Arnia. The Inspector prepared the inquest report Ex. P 59 and the statement of injuries Ex. P. 60 of the deceased. The Inspector also seized a fired cartridge case (an empty) Ex. PJ from the deorhi vide Ex. P 5 and four such empties Exs. PK, PL. PM and PN from the roof of the accuseds house vide Ex. P.6. He also seized some bloodstained earth Ex. PK from the place where the deceased had fallen and a packet of cigarettes (Ex. PG) from the right hand of the deceased. Thereafter the Inspector got the aforesaid injured persons admitted to the SMGS Hospital at Jammu and arranged to send the dead body for post -mortem examination which was performed by Dr. M. L. Gupta who found the following injuries on the dead body: - (1) Surgical emphysema on the right side of chest in the upper part and another surgical emphysema in the upper part on right side on the back. (2) Right lung was protruding out from 3rd inter coastal space on right side. (3) A circular wound in the chest on right side over the 3rd and 4th intercostal space nearly 1" in diameter. Right lung was protruding out from this bone. Sternum was visible through the wound. Some fatty tissues were also visible through the wound. (4) Fracture of 4th and 5th ribs on right side at the junction with sternum. The cartileges of those ribs were missing. (5) Fracture of 4th and 5th ribs on right side in mid exillary line. (6) Haematoma of right pectoraliae major and minor muscles on right side. The inner wound corresponding to No. 3 was 11/2" in diameter. (7) Right lung was torn into pieces (middle lobe) on pleural cavity on right side was full of blood and clots. 22 lead pellets and five round card board bats with cap present inside the pleural cavity on the right side of embedded in the lung and soft tissues. (8) Left lung was collapsed and echymosed. (9) Some pieces of bona and cartileges present in right pleural cavity. (10) Posterior media -sternum was echymosed. On the basis of these observations met with by the doctor he opined that the aforementioned injuries were ante -mortem and caused by a gun shot and were sufficient in the ordinary course of nature to cause death. The doctor further opined that the death of the deceased had occurred as a result of shock and injuries to the lungs and ribs.

(3.) AFTER completion of the investigation, the accused was proceeded against in the court of the CJM, Jammu, who committed him to the court of Sessions to stand his trial under the aforesaid sections of the Ranbir Penal Code. To bring home the charges to the accused, the prosecution examined 25 persons. Out of them Chuni Lal, Babu Ram, Puran Chand and Gauri Shanker claim to have been the members of the procession and to have witnessed the occurrence. They have supported the prosecution story in all its details. Over and above these witnesses Lal Chand, Hans Raj, Dewan Chand, Chuni Lal, Chain Singh, Tilak Raj and Tarseem Lal who sustained injuries as a result of the gun shots fired by the accused while they were retreating have also corroborated the prosecution story.