DARSHAN KUMAR Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment of Sessions Judge, Udhampur in session case 42. By decision of 24 -2 -1996, the accused have been held guilty for offence under Ss 302/114 RPC and sentenced to imprisonment for life with fine of Rs -500/ -in each case. In default of payment of fine, they have been ordered to undergo further simple imprisonment for two months.

(2.) PROSECUTION case is that on 21 -10 -1992 at about 8 P.M. the deceased Satish Kumar alias Shashi (herein after deceased) was travelling in an auto three wheeler JK02A 7182 which was intercepted by the accused near Raj Theatre on Dhar Road at Udhampur. He was made to step down and told that he had been misbehaving. Forcibly he was taken inside the gate of Chenani Project Complex at Udhampur and assaulted physically. During this time, accused Raj Bir Singh handed over "Kirchi" to accused Darshan Kumar to enable him to do away with the life of the deceased. Consequently, accused Darshan Kumar inflicted injuries on the person of the deceased who later died in the hospital.

(3.) FIRST Information Report 394/92 records that a telephonic message was received at the Police Station mentioning that accused Darshan Kumar alias Lundi and Bittu Fauji had assaulted the deceased with intention to murder near Raj Theatre at Barrian Udhampur with a sharp edged weapon resulting in grevious injuries to the victim and the assailants making good their escape. Case U/S 307 RPC was registered and Station House Officer started investigation. He came to the hospital where the deceased had been shifted after preparing the Injury Memo. On the written instructions of the Casuality Medical Officer, the Station House Officer recorded the dying declaration of the injured who succumbed to the injuries in the hospital during the night. The case was, therefore, changed to murder. Autopsy was conducted. Blood stained clothes of the deceased were seized and sealed, place of occurrence was visited, site plan prepared, blood stained clay collected, four buttons, prints of blood stained hands from the nearby wall were taken and sealed. The sealed articles were sent to Chemical Examiner, Jammu for analysis.