CHAMAN LAL Vs. STATE

JUDGEMENT

(1.) THE appellant Chaman Lal, has been convicted for an offence under Section 302, R. P. C. and sentenced to death by order of the learned Sessions Judge, Jammu, dated 24-3-1975. He has preferred this appeal against his conviction and sentence. The State of Jammu and Kashmir has also filed criminal appeal No. 6 of 1975 against the acquittal of the co-accused Chaman Lal namely Nanku and Rattan. The appeal so far as Nanku is concerned was dismissed in limine by order of the Division Bench dated 30th April, 1975, but was admitted to hearing in so far as Rattan accused is concerned. The learned Sessions Judge, Jammu, has also submitted the record of the case to this Court for confirmation of the sentence of death passed against Chaman Lal. Both the appeals and the criminal reference shall be disposed of by this judgment.

(2.) BRIEFLY stated the prosecution case as is evident from the F. I. R. is, that the deceased Shri Isher Datt Baru, a lawyer of Jammu had some land in village Kirpalpur Oharkan. Some of the land of the deceased was in possession of Nanku, Rattan Lal, Chaman Lal, Bishan Dass and Karam Chand sons of Mangu. Chaman Lal and his brothers were not paying the rent to the deceased, and suits were instituted against them for the recovery of rent and for their ejectment from the suit land. The deceased was successful in getting a decree of ejectment against Chaman Lal and others, He got their crops attached. However, in spite of the ejectment decree against them. Chaman Lal. Rattan and Nanku, the three accused used to cut the crop sown in that land. On 25-3-1973. the deceased had gone to the village Kirpalpur Charkan and in presence of Sama Ram P. W. he asked the accused persons to refrain from cutting the crop of "chattala" from the land. Chaman Lal accused got infuriated on being so told by the deceased and he threatened the deceased by saying that "what to speak of cutting 'chattala', they (accused) will also cut him (the deceased)". The deceased returned to Jammu instructing Sama Ram, P. W. who was "mohitbar" (Manager) of his land also to reach Jammu so that the deceased may initiate proceedings for breach of peace against the accused persons in view of the threat.

(3.) ON the day of occurrence i. e. 26-3-1973. Sama Ram P. W. reached in the Tehsil Office, Jammu, in the afternoon and met the deceased. The deceased told Sama Ram P. W. that he would go to the police station, Gumat for instituting the proceedings against the accused persons after he was free from the court work and asked Sama Ram P. W. to wait there. At about 3-30 P. M. Sama Ram P. W. and the deceased left for the house of the deceased from where they were to proceed to the police station. The three accused persons namely, Nanku, Rattan and Chaman Lal were also seen in the Tehsil; on that day at about 3-30 P. M. When the deceased and Sama Ram P. W. reached in the Pirmitha lane on the way to the house of the deceased, all the accused persons met them. Chaman Lal accused talked to the deceased regarding the giving back of the land to the accused but the deceased did not agree. Sama Ram went to make urine in the lane and the deceased proceeded ahead. The three accused persons followed the deceased quickly and after the deceased had gone a little ahead of the School lane, Rattan accused raised a 'lalkara' and asked his coaccused Chaman Lal "now is the chance finish him". Chaman Lal accused thereupon brought out an iron 'darat' (an agriculture implement for cutting fodder) from his covering of 'khesh' and struck two blows on the head and neck of the deceased in quick succession. The deceased fell down. After the deceased had fallen down a third blow was given to him on his head by Chaman Lal accused. Sama Ram P. W. raised an alarm on seeing this occurrence and the accused ran away. The deceased died then and there, almost instantaneously. Sama Ram P. W. thereupon, immediately proceeded to the police Post, Pirmitha and lodged the report Ex. P-A at 3-45 P. M. Sama Ram P. W then went back to the place of occurrence. The report was entered in the Roznamacha and a copy of the same was sent by the Head Constable to the City Police Station for registration of the case. The case was accordingly registered at the City Police Station at 4 P. M. on the same day. Parcha illit was prepared and it reached the court on 27-3-1973. Soon after the report was lodged at the Police Post, Pirmitha. Moharrier constable, incharge at the police post, informed the police authorities about the occurrence. The Deputy Superintendent of Police and the City Inspector of Police thereupon left for the place of occurrence, Sama Ram P. W. was found present at the spot and his statement was recorded by the City Inspector of Police at the spot. The dead body of Shri Baru was taken into custody by the Inspector of Police, A blood stained diary and a complaint dated 26-31973, titled Isher Dutt Baru v. Nanaku, Chaman Lal and Ors. under Section 107, Cr. P. C. addressed to the Circle Inspector of Police was also taken into possession from the person of the deceased and seized by the Inspector then and there. The dead body was then taken for post-mortem examination after preparing the inquest report. The postmortem examination of the deceased was performed on the same day at 7-30 P. M. by Dr. M. L. Gupta.