LAL BABU RAI Vs. STATE OF J&K

JUDGEMENT

(1.) SUSPECTING his wife of infidelity has become the motive for Appellant, Babu Lal Rai, a Sepoy in Indian Army, (hereinafter to be referred to as 'Accused) for allegedly committing the murder of his wife, Smt. Poonam and nine/ten months old son, Ravi Rai, on 03 -09 -1994 in the vicinity of Seri Pandita (falling within the jurisdiction of Police Station, Kanachak). He was charged for Section 302 RPC and vide impugned judgment dated 10th/11th of March, 2003, of learned Sessions Judge, Jammu, stands convicted for the said charge and has been sentenced to imprisonment for life and to pay a fine of Rs.1,000/ -, in default thereof to further undergo simple imprisonment of three months. Hence Appeal No.04/2003 by him and Confirmation No.04/2003 by the State. We intend to dispose of both of them vide this judgment.

(2.) PW Rattan Lal son of Amar Nath, is the first informant, who along with PWs Kuldeep Singh and Prem Singh, had apprehended the accused on the spot when he was trying to run towards the road after committing the offence. On inquiry, he disclosed his name and the address, and told the name of his wife and son also.

(3.) THE case, as set up by the prosecution, in brief, is thus: PW Rattan Lal was going home after getting medicine from the Hospital and when at about 1 Oclock reached near culvert of Seri Pandita, he heard shrieks from the nearby bushes and he went towards that direction, saw the accused hitting on the head of a lady with a big stone in his hand. The lady was having the child along with her. She was lying on the ground with her face besmeared with blood. Rattan Lal also saw the accused strangulating the child and he succumbed to the injuries. On his noise, aforesaid Kuldeep Singh and Prem Singh also reached there, nabbed the accused and handed over him to Police Post, Gharota, where statement of PW Rattan Lal was recorded, which was the basis of registration of the formal F.I.R.