HEM RAJ Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) Hem Raj, a Member of the Village Defence Committee constituted by the State Government for defence purposes, killed his son Anchal Singh by firing at him on December 18, 2000 at about 9 p.m at his house with.303 Rifle, which had been supplied to him by the State Government.

(2.) The bullet fired by him hit Anchal Singh on the right side of his chest below the right axillary region and exited close to the vertebra column on the right side, in the intercostal space, as a result whereof he succumbed to the injury. Investigation carried out in this behalf pursuant to the registration of FIR no. 33 of 2000 at Police Station Basant Garh, resulted in the filing of Final Police Report with the Judicial Magistrate Ist Class Ramnagar, who committed it to Sessions Court, Udhampur, where the appellant was charged under Section 302 RPC

(3.) Pleading 'Not Guilty' to the charge, the appellant claimed to be tried. The prosecution story, as reflected in the report under Section 173 Cr.P.C, goes like this:- Anchal Singh, married a year ago, had been putting up at the appellant's house with his mother and other brothers at village Sia Mere Bagan, indicated his intention to have a separate house and was in the process of making such house. This was not liked by the appellant, who time and again told him that until he liquidated the money which had been spent on his marriage, he would not be given land for constructing his separate house.