PURAN SINGH Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) This appeal is directed against the judgment passed by the First Additional Sessions Judge, Jammu on 31-7-1992 in file No. 95/Sessions whereby the appellants alongwith one Bansi were found guilty of having committed different offences and were sentenced to undergo imprisonment as detailed below :-

(2.) Brief facts giving rise to this case as per prosecution are that Kashmir Singh, decased was engaged in the business of distillation of illicit liquor and Sagar Singh accused, Karam Kumar, PW and Hafiz Gujjar, PW were his other associates in this exercise. Puran Singh accused was attacked by deceased Kashmir Singh and as a result of which one of his arms was amputated on account of which Puran Singh nourished a grudge against the deceased. This incident had taken place on 29-5-1987 and F.I.R. Ext. PW-GS came to be registered where PW Kulwant Singh, brother of the deceased and Rattan Singh besides other persons were named as accused. In order to take revenge on the deceased, appellant Puran Singh is stated to have planted his brothers Sagar Singh with the deceased in order to know latter's whereabouts and movements. Thus, Sagar Singh appellant joined the deceased in his activities of illicit distillation of liquor. On 19-8-1988 when the deceased, Sagar Singh, Karan Kumar and Gujjar PWs were busy in illicit distillation at Roopnagar Khud, the deceased left for Janipura and asked his other associates to continue the work. Besides this, he also intimated that he would come after sometime and collect the liquor in the evening. After the deceased had left, as per prosecution case, Sagar Singh appellant also left the spot informing the rest of the two persons, namely, Karan Kumar and Hafiz Gujjar that he had some work at home. Thus, he left the spot where liquor was illicitly being distilled. From there he went to Koth Bhalwal to inform Puran Singh appellant where he was ready with his party.

(3.) After having come to know about the movements of the deceased, both the appellants accompanied by five other accused including Bansi, their another brother arrived at Chinaur Khud in a taxi and laid an ambush by blocking the road with empty barrels in the evening.