STATE OF J&K Vs. DEEWAN SINGH AND ORS

JUDGEMENT

(1.) This acquittal appeal has been filed by the State against judgment dated 24.11.2009 passed by learned Principal Sessions Judge, Kathua in case (File No. 24/Sessions) titled State vs. Deewan Singh and ors, for offences under Sections 304-II/451/34 RPC in FIR No. 47/2000, Police Station Basohli (Kathua).

(2.) In the memo of appeal, it is stated that the impugned judgment is contrary to law, against the facts of the case and has been passed in a mechanical manner without appreciating the circumstantial evidence. It is stated that trial court has failed to appreciate the prosecution evidence in its true and correct perspective.

(3.) The facts of the case, in nutshell as presented by the prosecution, are that on 25.08.2000, an information was received from reliable sources in the Police Station, Basohli that Mst. Kamla Devi D/o Mast Ram was married to Pawan Kumar S/o Munshi Ram about one year back and she left her matrimonial home and went to the house of her uncle. On 24.8.2000, the brother-in-law of Mst. Kamla Devi went to the house of Karnail Singh, her uncle, in order to bring her back and some people of the locality had also gathered there. Ishar Dass S/o Dhani Ram has also gone there as a respectable member of the society and Jawant Singh and Deewan Singh, sons of Munshi Ram and brother-in-law of Mst. Kamla Devi had some altercation with the said Ishar Dass and they asked him that he was causing hurdles in the way of Kamla Devi to settle her in her matrimonial home. On that day at about 1.00 PM, Jaswant Singh and Deewan Singh, sons of Munshi Ram, entered into conspiracy with each other and in furtherance of their common intention and on the basis of old enmity, they went to the house of Savitri Devi Wd/o Nanku along with Bhagwan Singh and started beating Ishar Dass with legs and fist blows, as a result of which, he died and Savitri Devi was injured. On this information FIR No.47/2000 for the commission of offences under Sections 302/452/323/34 RPC was registered against the accused. After completing the investigation, challan was produced before the Magistrate who committed the same to the Court of Sessions Judge, Kathua.