SUBHASH SINGH Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal is directed against Judgment dated December 31, 2003 and Order of April 1, 2004 whereby learned 1st Additional Sessions Judge, Jammu has convicted the appellant for committing the murder of rashpal Singh, and sentenced him to Imprisonment for life and fine of Rs. 5000/- under Section 302 of the Ranbir penal Code (RPC "for short"), making reference under section 374 of the Code of Criminal Procedure for confirmation of the Sentence.

(2.) FACTS leading to, the filing of the Appeal, and the confirmation Reference may be stated thus: facts harnam Singh, PW 2 lodged a report in Police Station kanachak on September 7, 1999 to the effect that Subash singh and Rakesh Singh sons of Suraj Singh, and their mother Krishna Devi, had been abusing his family members for the last 2/3 months saying that his tenants were rogues and they should be turned out of the house. It was on 7th of September, 1999 at about 2. 00 p. m, that Krishna Devi started abusing Harnam Singh and his family members, and on being requested, by Koushalya devi, Harnam Singh, PW2's wife, not to indulge in abusing, krishna Devi retaliated beating her, when, in the meanwhile, Rashpal Singh, Harnam Singh's son came home, off duty, and told his father to lodge a Police Report regarding the incident. Harnam Singh, his son Rashpal singh, and wife Koushalya Devi, accordingly, started proceeding towards the Police Station and when they reached near Purkho, Krishna Devi instigated her sons to do away with Harnam Singh and his family so that they do not reach the Police Station.

(3.) ON this, her sons, Subash Singh and Rakesh Singh, attacked Rashpal Singh. Rakesh Singh caught hold of rashpal Singh's arms from behind, when Subash Singh attacked him with a dagger, used for breaking ice, and known in local dialect as "sua", which hit him in the abdomen, as a result whereof, he fell down and was taken to Government Medical College Hospital, Jammu where he succumbed to the injury.