SUBHASH CHANDER Vs. STATE OF J AND K

JUDGEMENT

(1.) VIDE this judgment we, intend to dispose of criminal appeal No. 6 of 2007 filed by Subash Chander S/o Punnu Ram R/o Chak Gorian, Tehsil Bishnah, District Jammu, Criminal Appeal No.08/2007 filed by Raghbir Pal alias Bagga and Surinder Pal alias. Bittu, sons of Late Sh. Pritam Dass Kapoor R/o Jawahar Nagar Rajouri and. Confirmation No.03/2007 sent by learned Sessions Judge, Rajouri, under Section 374 of the Code of Criminal Procedure, Pvt. 1989.

(2.) APPELLANT-Subash Chander is convicted under Section 302/34 of the Ranbir Penal Code read with Section 27 Arms Act, whereas his co-accused Raghbir Pal and Surinder Pal are held guilty under Sections 302/34/109 RPC. Besides sentencing all the three appellants for life imprisonment, they have also been slapped with a fine of Rs.10,000 each in default thereof, to further undergo rigorous imprisonment for six months. APPELLANT Subash Chander has also suffered rigorous imprisonment for seven years and a fine of Rs.2,000 under Section 27 Arms Act, in default thereof, to further undergo rigorous imprisonment for six months. However, both the sentences awarded to him have been ordered to run concurrently.

(3.) THE prosecution case as one finds from the contents of the F.I.R., which is recorded on the basis of reliable source is that on 19.9.2001, Constable No.598/R.as going to Jawa Nagar in Government vehicle (Gypsy No.0936- JK11) and on the way near the petrol pump of Bagga and Bittu, he with the connivance of these two persons, fired two shots from his gun (AK-47), injuring Vineet Kumar, who while being shifted to the hospital died on the way. On these allegations, a formal F.I.R. bearing No.273/2001 came to be registered at police station Rajouri initially under Section 302/34 RPC. THE investigation of the case was carried out by PW Mohd. Rafiq Chowdhary, who at that time was posted as SHO police station Rajouri. He immediately reached the spot, prepared the rough site plan of the place of occurrence, lifted blood stained sand and crushed stone (Bajri). Two fired cases of AK-47 were also seized and sealed on the spot. Tata Mobile (without registration Number) of the deceased Vineet Kumar having gun shot holes on the body (Dalla) and driver's seat was also taken into possession. As he noticed some blood of the deceased on the driver's seat blood stained seat cover was cut by him from that portion and seized and sealed for chemical examination. Photographs of the place of occurrence, dead body of the deceased and Tata Mobile were got clicked by the photographer of the Crime Branch. Statements of the witnesses to the main occurrence and with regard to the previous incident which had occurred just some time prior to the main occurrence were also recorded under Section 161 Cr.P.C.