DOONI CHAND Vs. STATE

JUDGEMENT

(1.) THE appellant was charged and tried for the commission of offences punishable under Sections 302, 307, 113 R.P.C. along with other seven accused persons. Accused was convicted under Section 302 and 307 R.P.C. and sentenced to life imprisonment and fine of Rs. 50/ - under Section 302 RPC and to under go three years R1 and pay a fine of Rs. 100/ - for the commission of offence under Section. 307 R.P.C. The trial court acquitted the other accused persons by giving them the benefit of doubt. Aggrieved by the order of the trial court, the present appeal has been filed by the appellant mainly on the ground that judgment impugned was against the facts and was not sustainable in eyes of law. It is further submitted that the trial court has mis -conducted itself by relying on the chemical report under Section 510 Cr. P. C., as the copy of the report was not given to the appellants. It is further alleged that provisions of Section. 342 Cr. P. C. have been violated. The trial court is alleged to have mistaken itself by not taking into consideration the material contradictions, discrepancies and improbabilities in the prosecution evidence, which was interested, partisan, concocted and fabricated. It is submitted that the trial court committed a mistake of law by solely relying upon the testimony of Gopal Chand and Kehar Singh PWS who were claimed to be the eye witnesses, as according to the appellant there was no material on the file lending any corroboration to their testimony. It is further submitted tint the trial court his committed a mistake of law by relying on the circumstances of recovery of the weapon of offence is an much as the evidence led in that behalf is staged to be highly suspicious and worthy of no credence.

(2.) THE occurrence in which Lal Chand son of Lana was killed is stated to be the out -come of group rivalries amongst the labourers employed by the Food Corporation of India. The F.I.R was lodged on 14.12.1978 at. 10.15 AM by one Gopal Chand son of Shanker Dass resident of Rathana Camp Tehsil R. S. Pura whose statement was recorded and has been admitted in evidence as EXWGP. It was stated by Gopal Chand that he was working as cooly at the Railway station Jammu for about 20/25 days at the time he lodged the report. On 15.12.1978 he alongwith Kehar Singh and Lal Chand deceased left for Jammu and boarded a Bus at Camp Rathana in which they got the rear seats. When the conductor of the Bus demanded the fare from him, his companion Lal Chand draw his attention towards the front seat where Dooni Chand appellant was sitting As there existed previous enemity between Dooni Chand and Lal Chand on account of group rivalry, it is alleged that the followers of Dooni Chand and Lal Chand belonged to two different Sections of the labour. The deceased, the complainant and his colleagues were from new labour group and Dooni Chand and his colleagues belonged to old labour group who were on strike during those days at the Railway Station. The new group of labourers was warned 5/days prior to the date of occurrence not to attend the loading and unloading work at the Railway Station failing which they may meet with dire consequences. Fearing trouble he along with the deceased descended from the Bus and when be was standing on the road side his other two companions also came out from the Bus. Lal Chand had gone only 2/4 steps when they saw Dooni Chand appellant also descending from the Bus who immediately the after drew out some bright cutting weapon and inflicted blows on the hand of Kehar Singh, accompanying the complainant, who immediately bled from the injuries. When Kehar Singh fled from the place of occurrence to save himself, Dooni Ghand appellant is alleged to have pounced upon the deceased. The prayers and requests of the deceased to have mercy upon him did not have any effect upon the appellant. The appellant instead inflicted blow on the head and back of Lal Chand with the weapon of offence he was holding, in his hands. The complaint ran away from a distance he saw the deceased lying flat on the ground who was even thereafter assaulted by the appellant. Gopal Chand states that he ran towards the village Jinder Mailo where he found 4/5 people including Bachan Lal on the road. Appellant later on joined those persons and they all went towards Jinder Mailo. The witness instead of going to the village came back to the place of occurrence were he saw Lal Chand bleeding profusely who did not respond to his calls Some water was put in his mouth and thereafter the complainant went to call the people of village Rathan Camp. He in the company of the other people reached the spot and after arranging a cot took the injured to the hospital where he was declared dead. Police of Arnia is also alleged to have reached on spot. On this report FIR 241/1978 was registered at Police Station R.S. Pura. After investigation it was revealed that the appellant along with Gopal Chand, Shiv Ram, Bachan Lal son of Shanker, Bachan Lal son of Partab, Devi Datta and Basant Singh had entered into a criminal conspiracy to take revenge from the new labour group, who had undertaken to perform their duties of loading and unloading at the Railway Station and in pursuant of that conspiracy the appellant attacked Kehar Singh and Lal Chand in consequence of which Lal Chand succumbed to the injuries inflicted upon him.

(3.) PROSECUTION examined S/Shri Gropal Chand, Kehar Singh s/o Mool Singh, Darsh Singh, Phagu Ram, Sarba Ram, Surrender Singh, Gain Parkas, Mulch Raj, Ram Lal, Karam Chand, Ram Chand, Choir Singh, Jameet Rai, Sudargarmal, Sain Bakash, Nazir Ashamed s/o Sain, Nazir Ahmed s/o Jamul din, Bishno, Prakash, Banarsidas, Thoru Ram, Ram Nath Gupta, Jag Mohan SHO, Dr. B.D. Gupta, Kulbir Singh ASI and Chaman Lal Dogra as their witnesses, Kapoor Singh, Nanak Chand, Maru Ram and Dev Raj though cited as prosecution witnesses yet were given up by the prosecution.