TIRATH RAM Vs. STATE OF J&K

JUDGEMENT

(1.) Mp No.02/2017

(2.) Insofar as the other appellant Tirath Ram is concerned, the learned counsel for the appellants submitted that, on facts, he has an excellent case and in fact, both the appellants are liable to be given the benefit of doubt when the appeal is heard and there is a great possibility of the appeal being allowed in their favour. The appellant Tirath Ram was arrested on 15th October, 1996 when he was discharged from the hospital and had been in custody during the trial period up to 23.03.1999 when he was released on bail till 19.04.2017 when the order of conviction was pronounced and since then, he has been in custody. In other words, the appellant Tirath Ram has been in custody for approximately three years and three months. On the other hand, the appellant Bali Ram, who had initially absconded was ultimately arrested on 108.2006 and remained in custody till 15.10.2011, when he was granted bail on medical grounds as also on the ground that all the evidence had been recorded. He was once again taken into custody, as in the case of Tirath Ram, on 19.04.2017 when the conviction order was pronounced and has remained in custody since then. In other words, the appellant Bali Ram has been in custody during the trial period for about five years, three months and approximately ten months during the stage of appeal.

(3.) The learned counsel for the appellants submitted that the deceased Shiv Kumar, according to the opinion of the Doctor, who conducted the post mortem examination, died not due to the firearm injury, but due to the other injuries sustained by him on the head and other parts of the body. He submitted that the appellant Tirath Ram is supposed to have been armed with a pistol which he used for firing four shots as per the prosecution, two of which, hit the deceased Shiv Kumar and his father Bua Ditta. Both the injuries were on the right thighs of the said persons. He further submitted that the appellant Tirath Ram also received injuries which have not been explained by the prosecution, particularly the serious injury on his neck for which he was hospitalized from 04.10.1996 ( i.e, the date of occurrence) to 15.10.1996 (i.e., approximately for eleven days). The appellant Tirath Ram was readmitted to hospital on 27.02.1997 and was discharged on 27.01997. This clearly, according to the learned counsel for the appellants, indicates the serious nature of the incised injuries sustained by the appellant Tirath Ram.