RANJAN KUMAR Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) The appellant Ranjan Kumar (A-1) was tried along with co-accused namely, Parshotam Singh (A-3), Natha Ram (A-4), Ashok Kumar (A-5) and Dharam Pal (A-6) for the commission of offences falling under Sections 302/324/364/452/342/148/149, R.P.C. In the police Challan Jagdish Raj Sharma s/o Bhagat Ram r/o Raipur Satwari was also arrayed as an accused to have committed offences falling under Sections 27 and 3/25 of the Arms Act, but he was discharged by the trial Judge. A-1, A-3 and A-5 were found to have formed an unlawful assembly with a common object of committing offences. A-5 died before the proceedings could be concluded. A-1 and A-3 were convicted under Section 364 read with Section 149, R.P.C. and sentenced to undergo rigorous imprisonment for seven years. They were also convicted for having infracted Section 148 read with Section 149, R.P.C. and sentenced to undergo rigorous imprisonment for there years. Besides this, A-1 was convicted under Section 302, R.P.C. and sentenced to undergo rigorous imprisonment for life and a fine of Rs. 500/-. In default of payment of fine, he had to undergo simple imprisonment for one month. He was also convicted under Sections 3/25 of the Arms Act and sentenced to undergo rigorous imprisonment for three years. A-3 was convicted under Section 324, R.P.C. and sentenced to undergo rigorous imprisonment for three years. All the said convictions and sentences had to run concurrently. A-4 and A-6 were acquitted of the charges. A-3 has not filed any appeal against his conviction and sentence.

(2.) The genesis of the incident as set out in the final report of the Police is that on January 10, 1986, A-1, A-3 and A-5 had hired Taxi No. JKT -6461 from the Railway Station, Taxi Stand, Jammu, for return journey upto Kathua Town. On their way, when they reached Gandhi Nagar locality of Jammu City, two youths were found standing by the road said and they were given the lift. Thereafter, the Taxi was taken in different localities of Jammu City and finally was stationed nearby the Petrol Pump of "Choudhari Aishi Ram Batra". There four occupants from that Taxi got down. At their bidding, the fifth occupant (A-5) did not allow the Taxi driver (Padam Dev Singh P.W.) to come down from the Taxi. He was shown a sharp-edged weapon and made to sit at the steering of the vehicle. A-1 had swathed himself with a Shawl and was clandestinely carrying a single barrel gun. A-3 was similarly dressed and carrying a 'Toka'. It was at about 9 p.m., when A-1 and A-3 entered the wine shop where Bhupinder Singh (deceased), in the company of his brother Yash Pal Singh (complainant) was counting the cash proceeds of the sale of the day. Adjacent to this shop, there is "general Provision store" which is owned by them. A-1 and A-3 demanded two bottles of Dry Gin from Bhupinder Singh who after wrapping them demanded their price. At this, A-1 aimed the gun at Bhupinder Singh and made a fire which hit him in the stomach. After this, both the accused started running. A-3 was the first and followed by A-1.

(3.) Yash Pal Singh (PW) succeeded in catching hold of fleeing A-1. When they were grappling in front of the wine shop, Harbans Lal (PW) came pushing a 'Rehri' from the opposite direction which collided with them. A-1 did not succeed in freeing himself from the clutches of the complainant. He entreated A-3 to rescue him. A-3 responded and embarked upon attacking Yash Pal Singh (PW) with a ' Toka'. In this skirmish Yash Pal Singh (PW) received three injuries and A-1 succeeded in freeing himself. He thus made good his escape along with A-3 but had left behind his gun and shawl. A-5 had not allowed the Taxi driver namely, Padam Dev Singh to stir out from the said vehicle. A-1 and A-3 along with their other two companions boarded the stationary taxi which sped away leaving the complainant high and dry. Yash Pal Singh (PW) took his injured brother Bhupinder Singh in a Auto-rickshaw to the S.M.G.S. Hospital, Jammu, where he remained under treatment up to 14-1-1986 and thereafter shifted to PGI Chandigarh. On 17-1-1986, he succumbed to his injuries. It is also in the evidence that fifteen minutes earlier to his incident, a minor scuffle had taken place between Yash Pal Singh (PW) and Amarjeet Singh alias Tonny who had visited the wine shop at about 8.45 p.m. and in the presence of Hardayal Singh, resident of Mohallah Mast Garh, Jammu, and Gurcharan Singh resident of Mohallah 'City Chowk ' Jammu, demanded half a bottle of wine on credit and on refusal thrown an egg on the face of the said complainant Yash Pal Singh. The latter had tried to catch-hold of the former from the neck but could get at his muffler which was snatched. While fleeing, the said Tonny had hurled a threat on the life of the complainant. That after the gap of about fifteen minutes he (Tonny) re-appeared on the spot in the company of A-1 and A-3 who picked up a quarrel in which Bhupinder Singh lost his life.