RAM LAL Vs. STATE OF J&K

JUDGEMENT

(1.) The instant Criminal Appeal has been filed by the appellant against the judgment of conviction and order of sentence dated 19.02.2010 passed by the learned Sessions Judge, Reasi, in file No.26/Sessions titled, "State of J&K vs. Ram Lal and others", whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for three years and fine of Rs.3000.00 under Sec. 307 RPC; two years' rigorous imprisonment and fine of Rs.1000.00 for 326 RPC; and one year's rigorous imprisonment and fine of Rs. 1000.00 under Sec. 3/25 of Arms Act.

(2.) Briefly stated the prosecution case is that on 17.09.1999, a telephonic message was received in the Police Station that a person is admitted in the hospital, in an injured condition and as such, the action be taken in the matter. On this information, Paras Ram, ASI was deputed to Reasi Hospital where one Om Parkash S/o Makhan R/o Baka Mora Kerli, Tehsil Reasi was admitted in injured state, whose injury form was filled up by the said ASI and handed over to the medical officer of the hospital. Enquiry was made from the complainant/injured about the matter, whose statement was recorded. The same was attested by the medical officer concerned. The complainant whose statement was recorded, stated that on 17.09.1999 at 1.00 p.m., he was coming to his house after cutting grass in his land when 1) Ram Lal S/o Indru R/o Kerli, Reasi, 2) Kewal Singh S/o Kartar Singh R/o Sarsandwan, 3) and Mangu S/o Paras Ram R/o Sarsandwan, who were having enmity with him, had laid an ambush on the way. Accused-Ram Lal was having bore rifle in his hand when the complainant passed nearby him. The accused with criminal intention attacked the complainant. Accused-Ram Lal with intention to kill the complainant, opened fire on him at about a distance of 15 to 20 yards. The fire splinter hit his belly on left side, who sustained injuries. The other accused assaulted him with hands and fists. The complainant raised an alarm and fled away to rescue himself from the clutches of the accused, otherwise the accused would do away with him.

(3.) On the basis of this report, a case under Sec. 307/34 RPC and 4/25 Arms Act under FIR No. 135/1999 was registered. The investigation of the case was handed over to Kabla Singh, who visited the spot, prepared the Site Plan, seized the T-Shirt of the complainant, which had been pierced by the fire splinters, sealed the same for FSL examination. The search for the accused started. Kewal Singh and Mangat Ram were arrested. On the basis of the disclosure statement made by the accused Mangat Ram about the bore rifle, the weapon of offence unlicensed was recovered from the hollow trunk of Tannu Tree. The bore rifle was seized and sealed for FSL examination and the empty cartridges fired were also recovered from the residential house of the accused, whose seizure was affected. The same was also sealed for sending it to FSL examination. The Site Plan of the place of recovery of bore rifle was prepared. The specimen of the seal was handed over to Chowkidar Ram Saran. Statements of the PWs were recorded. Thereafter, the investigation of the case was handed over to Abdul Hamid, ASI, who during investigation arrested the accused Mangu and Ram Lal, who were subjected to interrogation. A Draat and an iron axe each were recovered from the accused Mangu and Kewal Singh, which were seized. The statements of the ocular witnesses were recorded. The seized property was sealed and the fire bore cartridges, T- Shirt was got re-sealed by Executive Magistrate and sent to FSL, Jammu for examination. The report of the same was obtained. The complainant was operated by Medical Officer-R. K. Gupta for taking out fire splinters from his body. The two splinters were recovered and seized in the matter. They were kept in a pack, which were got signed by Medical Officer. Thereafter, XRay report of the Radiologist was obtained along with the medical certificate from the Hospital, Reasi. A record pertaining to the enmity between the complainant and accused regarding FIR No.11 of the year 1990 under offences 326/307/148/149 EPC was obtained. On the basis of investigation conducted, it was found that the accused and the complainant party were inimical to each other, who were having dispute and litigation regarding land and the accused with criminal intention, on the day of occurrence, attacked the complainant, when accused Ram Lal was having gun. Kewal Singh was having Draat and Mangu Ram was having an iron axe. They had laid an ambush and they were hiding behind bushes on the way, when at 1.00 p.m. the complainant was returning to his house after cutting grass in his land. They attacked him. Accused-Ram Lal fired upon him. He got hit on the left side of his belly and was injured. The complainant jumped to save himself from the accused. If he did not do so, he would have been killed by the accused. It is further stated that the accused-Mangat Ram was found to have promised to pay Rs.15,000.00 as award to the co-accused for eliminating the complainant.