PRITAM SINGH Vs. STATE

JUDGEMENT

(1.) PRITAM Singh S/o Dalmani R/o Dalwa, Tehsil Gool was put on trial for offence of murder. The Additional Sessions Judge, Reasi by judgment dated 29th August 2006 passed in File No. 51/ASJR of 1999 held him guilty and convicted him under Sections 302/307 RPC and 5/27 Arms Act. By an order dated 30th August 2006, the appellant has been sentenced to undergo imprisonment for life and a fine of Rs. 6000/ - for offence under Section 302 RPC and to five years imprisonment and fine of Rs. 2000/ - in proof of offence under Section 307 RPC. He has also been sentenced to three years imprisonment and fine of Rs. 1000 in proof of offence under Section 5/27 Arms Act. The court has directed that in default of payment of fine under Section 302 RPC he shall undergo imprisonment for six months and in default of payment of fine under Section 307 RPC the appellant shall undergo imprisonment for two months and in default of payment of fine under Section 5/27 Arms Act he shall further undergo imprisonment for one month. The court has made a reference of the case to this Court for confirmation in so far as sentence of imprisonment for life is concerned.

(2.) AGGRIEVED by the same, appellant has preferred the present appeal. Prosecution started on the basis of a telephonic message given by one Constable Nazir Ahmad No. 863 posted in STF Group Sangaldan on 31 December 1998 that he has got information from reliable source that on that date at 7 p.m appellant who is a VDC member with an official rifle 303 issued to him, fired at one Irfan Mohd Khan and Altaf Hussain causing death of Irfan Mohd. Khan and grievous injuries to Altaf Hussain. On receipt of this information FIR No. 13/1999 was registered in Police Station Gool for offence under Sections 302, 307 RPC and 3/25 Arms Act and investigation of the case was started. The postmortem of the dead body of Irfan Mohd Khan was conducted and injured Altaf Hussain was referred to Govt. Hospital, Jammu for treatment. Appellant was arrested and Rifle 303 No. 30639/x was seized. As per the investigation, it came out that appellant is a member of Village Defence Committee (VDC), Dalwa to whom a Rifle 303 had been issued by the police along with 100 cartridges. On the fateful day (i.e. on 31.12.1998) appellant alongwith the deceased and said Altaf Hussain, who were his friends was going to his house and when they reached near a nullah in the jungle, he told them to go back. When the deceased and Altaf Hussain turned to go back to their houses, appellant fired from the Rifle 303 on both of them, due to which Irfan Mohd Khan got killed and Altaf Hussain received grievous injuries.

(3.) PW Mohd Farooq states that on 31.12.2998 appellant Irfan Mohd Khan had come to his shop and asked him to accompany them to the house of Mohd Shafi to celebrate 31st December 1998 but on the next day he came to know that appellant had killed Irfan Mohd Khan and injured Altaf Hussain.