DOONI CHAND Vs. STATE

JUDGEMENT

(1.) Dooni Chand accused was committed to the Court of Session, Srinagar, to stand his trial under Section 302 Ranbir Penal Code for the murder of Lal Chand, under Section 307 for attempting to murder Lal Chand's wife, Mst. Bundi, and under Sections 309 and 449 R.P.C. The accused pleaded not guilty to all these charges. The learned Sessions Judge after examining the evidence produced by the prosecution found the accused guilty under Section 302 and sentenced him to death. He was also convicted under Sections 307, 309 and 449 and sentenced to ten years rigorous imprisonment with a fine of Rs. 10, to nine months simple imprisonment and to seven years rigorous imprisonment with a fine of Rs. 10, respectively. The sentences of imprisonment were ordered to run concurrently. The accused has appealed against his convictions and sentences and the Sessions Judge has made a reference for confirmation of the sentence of death passed on the accused.

(2.) The prosecution case briefly stated is as follows : Dooni Chand accused and Lal Chand deceased were both employed in the Jammu and Kashmir Police. They hailed from village Dachan in Kishtwar Tehsil. It is alleged that Dooni Chand accused had eloped with Mst. Bundi from Kishtwar and wanted to marry her. He brought her to Kashmir but Lal Chand prevailed upon him and induced him to part with the girl on payment of monetary consideration. Lal Chand succeeded in getting the girl and he married her. She had two issues from this wedlock. It is alleged that the accused harboured ill feelings towards Lal Chand, who had deprived him of the girl he wanted to marry. On the night between 4th and 5th January, 1959 the accused was posted on duty as an armed guard at Lal Mandi. His duty started at 9 p.m., and he had relieved foot constable, Nazir Ahmad. On that day it had snowed very heavily and it was snowing when the accused was on duty. He absented himself from duty and went towards Raj Bagh where the deceased was residing in a garden hut. The accused knocked at the door and requested Lal Chand to open it. Lal Chand was lying on his cot and beside him was his wife Mst. Bundi lying on a separate cot with her two children. The deceased on hearing that some one was calling him unbolted the door and allowed the accused to come in. The accused told him that he was feeling cold and had come to warm himself. He was given an electric heater and was asked to make himself comfortable. Lal Chand slipped into his bed again and alter a while went to sleep. His wife kept awake as she had to close the door after the accused would leave the house. Dooni Chand, it is alleged, went out on the pretext that he wanted to make water. After some time he entered the room again armed with a gun. Mst. Bundi watched him entering the room. He aimed the gun at Lal Chand, tired at him and the bullet pierced through his left lung and struck the wall. At this Mst. Bundi got up and told the accused as to what he had done. The accused replied that he had killed her husband and that he was going to kill her and her children as well. Soon after he fired another shot which hit Mst. Bundi in her breast. Lal Chand raised an alarm and called Hari Ram who was sleeping with his family in the ground floor of the hut. Hari Ram on hearing the noise came up. While he was climbing the stairs the accused fired another shot with which he injured himself and fell flat on the ground. Hari Ram on entering the room found Lal Chand and his wife in a pool of blood and the accused lying on the ground with a bullet injury in his neck. The gun was lying by his side. Lal Chand, it is alleged, narrated the whole incident to Hari Ram and asked him to snatch away the gun from the accused lest he might kill his children. The deceased also asked Hari Ram to report the matter to the Deputy Inspector General of Police who was residing at a short distance from the place of occurrence. Hari Ram took the gun from Dooni Chand and went to inform Wazir Lachman Das, D. I. G. who was sleeping in his bunglow. Wazir Lachman Das got up and was informed of the incident by Hari Ram. He unloaded the gun and recovered one empty cartridge and two live cartridges from the gun presented to him by Hari Ram. He along with his orderly, Abdul Ahad Dar and gardener Guffar Butt proceeded to the spot and found Lal Chand and his wife in a pool of blood and Dooni Chand lying injured on one side of the room. Lal Chand narrated the whole incident to the Deputy Inspector General of Police and named Dooni Chand as the culprit. Wazir Lachman Das sent for Doctor S. M. Krishnan who was residing in the neighbourhood. He administered first aid to the injured persons. Doctor Peerzada Abdul Majid also reached there shortly thereafter, on being called by Wazir Lachman Das. He advised Wazir Lachman Das to remove Lal Chand and his wife immediately to the hospital for treatment. Abdul Ahad Dar, Head Constable was sent to the Police Station Sher Garhi for lodging the first information report and also for calling police force for the removal of Lal Chand and his wife to the hospital. The first information report was lodged at the Police Station at about 12.35 A.M. On receipt of the report Mr. Ghulam RasuJ Danposh, Inspector of Police, Station House Officer, Shergarhi. repaired to the scene of occurrence and made arrangements for the removal of Lal Chand and his wife as also the accused to the hospital. On reaching hospital Lal Chand was examined by Dr. Habib Ullah Kanth who found that he had expired. The dead body was sent to mortuary and on the following morning post mortem examination was performed by Dr. M.A. Naquishbandi. Mst. Bundi was admitted as an indoor patient into the hospital. Her injuries were also examined by Dr. Naquish bandi. The accused was also examined by the same doctor and his injuries were attended to. He was kept in the hospital under guard. On 5th January Kotwul Tek Chand. City Magistrate, Srinagar, was deputed by the Additional District Magistrate. Srinagar, on the application of the Police for recording dying declaration of Mst. Bundi and also the confession of Dooni Chand accused. He proceeded to the hospital and recorded dying declaration of Mst. Bundi and the confessional statement of Dooni Chand accused. Doctor Naquishbandi who performed the autopsy found the following; injuries on the person of Lal Chand deceased :

(3.) The police after completing the investigation and after the accused was discharged from the hospital challaned him. He was convicted and sentenced by the Sessions Judge, Kashmir, as stated above.