STATE OF J&K Vs. MUNSHI RAM

JUDGEMENT

(1.) THIS appeal is directed against the order of acquittal passed by Sessions Judge, Rajouri, by his decision dated July 14,1995 the accused, three in number, were tried for offence under Section 302/34 Ranbir Penal Code.

(2.) BRIEFLY prosecution case runs as follows: Ram Piari is the daughter of Munshi Rams wife from her previous husband. On the evening of 10th March 1990, it is alleged that the deceased went to the house of Munshi Ram (accused) but did not return. Search was conducted and his dead body was found on the next day at a distance of about 500 yards away from the house. It was seized by the Police and investigation followed. During the course of investigation, it was found that accused entertained ill -will against the deceased. They invited him to the house of Krishen Lal (accused) for drinks where all of them murdered him. Munshi Ram (accused) caught hold him by his arm, while Krishen Lal (accused) inflicted injury on the deceased with a Daba, which was recovered by the Police at the instance of Krishen Lal (accused) pursuant to his disclosure statement. Ultimately, the accused were charged for offences aforesaid, to which they pleaded not guilty and claimed for trial.

(3.) PROSECUTION examined as many as thirteen witnesses. In their examination under Section 342 Code of Criminal Procedure, accused denied the commission of crime, though no evidence in defence was produced by them.