VYAS SHARMA Vs. STATE OF J. AND K.

JUDGEMENT

(1.) SESSIONS Judge, Rajouri has convicted and sentenced the appellant to imprisonment for life and fine of Rs. 4000/ -besides default imprisonment of five months for committing the murder of Surjeet Kumar S/o Dharam Dutt R/o Jamola Tehsil Rajouri vide his judgment and order of March 20, 2009, aggrieved whereby he has filed this appeal questioning the judgment and order impugned in the appeal.

(2.) WE have heard appellant's learned Counsel as also the learned Additional Advocate General appearing for the State on the sole question canvassed by the appellant's learned Counsel that in the given facts and circumstances of the case, as projected by the prosecution, at the trial, the offence which the appellant can be said to have committed would be Culpable homicide not amounting to murder and not Murder, as held by the learned Sessions Judge, Rajouri.

(3.) ACCORDING to the Final Police Report, Surjeet Kumar alias Papu S/o Dharam Dutt R/o Village Jamola had gone to the town of Rajouri with his relatives on June 26, 2002, to purchase household items needed in connection with the marriage of his sister. He had been in the employment of PW -9 Ajay Kumar in his Bakery situated at City Chowk Rajouri, which he abandoned about a month ago. It was at about 10.15 a.m that he went to the Bakery Shop of Ajay Kumar and therefrom to the Bakery located at the first floor where besides Surjeet Kumar deceased, two other employees of Ajay Kumar namely Madan Lal and Shakeel Ahmed were also present. The deceased asked Madan Lal for arranging Breakfast, which was, accordingly, served. After taking the Breakfast, the appellant lifted a Wooden Rolling Pin from the table and struck it on Surjeet Kumar's head who fell down unconscious. Leaving the Rolling Pin there, the appellant ran away. Surjeet Kumar later succumbed to the injuries in the hospital at Rajouri.