STATE Vs. VIJAY KUMAR AND ANR

JUDGEMENT

(1.) By way of the instant appeal a challenge is laid to the judgment dated th of April, 2018, passed by the Court of 2nd Additional Sessions Judge, Jammu in the case arising out of FIR No. 77/2010, registered by Police Station, Channi Himmat, Jammu under Sec. 302/34 of the Ranbir Penal Code against the respondents. By this judgment, the learned Trial Judge acquitted the respondents Vijay Kumar and Sukhdev Raj @ Kala for commission of the offences under Sections 302/34 of RPC with which they were charged. To the extent necessary, the facts giving rise to the case are briefly noted hereafter:

(2.) On completion of the investigation, the charge sheet came to be filed wherein it was stated that Vijay Kumar would often beat his wife who was the sister of the deceased Harbans Lal and Vijay Kumar resented Harbans Lal's intervention, asking him to refrain from doing so. For this reason, Vijay Kumar had threatened the deceased many times to kill him and finally in the evening of 8th of Feb., 2008 when he got opportunity, he along with Sukhdev Raj @ Kala-the other accused, killed him at Chowadi Morh by strangulation and thereafter to conceal the crime and to create appearance of the deceased having committed suicide, hung the dead body of the deceased from the iron rod in the roof of the shop No. 197, which was under construction at Sainik Colony.

(3.) After hearing the parties on the question of charge, the learned Trial Judge framed charges for the commission of offences under Sections 302/34 RPC. The respondents pleaded not guilty to the charges and claimed trial.