PT YOG RAJ Vs. STATE OF J&K

JUDGEMENT

(1.) THE present appellant Yog Raj has filed this appeal against his conviction and sentence in Sessions Trial No ; 28 of 1983 under Section 302/ 34 of the R.P.C. dated November 29, 1986 passed by 2nd Additional Sessions -Judge Jammu.

(2.) THE challan was filed by Police Station, Bakshi Nagar, Jammu against five persons including the present appellant Yog Raj, Narinder, Surinder, Ravinder alias Bhola and Gurpal Singh alias Guda on November 26, 1983 in the court of Chief Judicial Magistrate, Jammu under Sections 302/34 of the R.P.C. It is alleged by the prosecution that accused Yog Raj, who sells the meat (Tikaas) at Bakshi Nagar Chowk, Jammu had some wordy quarrel with Balbir Singh, ASI over the payment of meat (Tikaas) on the evening of October 1, 1983. PW Farooq Ahmad Constable No; 1025 arrived at the scene of occurrence when that altercation was going on hearing the noise and found that there was a dispute over the payment of the price of meat (Tikkas), where he also saw accused Ravinder alias Bhola and Gurpal alias Guda. Balbir Singh deceased asked accused Yog Raj that he charged Rs. 25/ - for two plates of Tikkas, which was not proper, on this accused Yog Raj and two other accused -persons told that ASI deceased was speaking nonsense which was retaliated by x 2 x the deceased Balbir Singh. It is further stated that Yog Raj asked the other two accused -persons to catch hold of the deceased and finish him. In the meantime accused Narinder and one Auto -driver Surinder Kumar also came and uttered the same words to finish the ASI. On this accused Ravinder and Gurpal caught hold of the deceased and Yog Raj by his iron Toka inflicted injury on the mouth of the deceased Balbir Singh, who fell down on the ground. Later the same iron Toka was taken by Ravinder alias Bhola, who inflicted another injury on the head of the deceased and injured him severely, Seeing this PW Kamal Singh, who also happens to be present alongwith the deceased raised hue and cry and the accused persons ran away. Deceased Balbir Singh remained lying in the pool of blood on the place of incident and PW Farooq Ahmad went to the Police Station to lodge the F.I.R. Balbir Singh deceased was carried to Hospital in the injured condition by PW Kamal Singh and his relatives. The case was registered at Police Station, Bakshi Nagar, Jammu under F.I.R. No ; 170 of 1983 under sections 307/34/147/149 RPC. Police party reached the scene of occurrence and started investigation. Accused Yog Raj -present appellant was arrested on that very night, whereas Surinder and Narinder were arrested on the next day and accused Ravinder alias Bhola and Gurpal alias Guda absconded. Injure3 Balbir Singh ASI succumbed to his injuries on October 2, 1983 at 5 A.M.

(3.) ON receiving post mortem report, the challan was, therefore, filed under section 302/147/149 of the RPC before Chief Judicial Magistrate, Jammu against the present -appellant/accused Yog Raj, Narinder and Surinder Kumar and proceedings against absconded accused Ravinder alias Bhola and Gurpal alias Guda were taken under section 512 of the Code of Criminal procedure. Learned Chief Judicial Magistrate Jammu committed the case for trial to the court of Sessions Judge Jammu, who in turn transferred the same for trial to the court of 2nd Additional Sessions Judge, Jammu, who charge -sheeted the accused -persons under section 302/34 of the RPC. The charge was read over and explained to them, who pleaded not guilty to the charge and claimed to be tried.