UTTAM CHAND Vs. STATE OF J & K

JUDGEMENT

(1.) OLD family feud regarding immovable property is alleged to be the cause of the commission of the crime in which Puran Chand has died and the appellant Uttam Chand sentenced to death by the trial Court of Sessions Judge, Kathua, after being found guilty for the commission of the offence under Section 302 R.P.C. vide judgment dated 1.8.1985, impugned in this appeal. For the last about 4 years the appellant is constantly under the threat of death and is continuously in detention for a period of more than 7 years since his arrest.

(2.) ACCORDING to the prosecution the occurrence is alleged to have taken place on 19-2-82 when Puran Chand deceased unboarded a bus which was coming from border roads en route Rajpura at Haripur. More where he was attacked by the appellant after some altercation, allegedly on account of old family feud. After the altercation the deceased is stated to have left for his home and hardly had covered a short distance when the appellant followed him hurling abuses. caught. hold of the deceased and gave 3/4 blows with an axe repeatedly on his head in consequence of which Puran Chand fell down and died instantaneously. After the commission of the crime the appellant fled away from the scence of occurrence throwing the axe, the weapon of offence, into the nearby bushes, FIR, No. 82 of 1982 was lodged at Police Station, Hiranagar by PW Des Raj shopkeeper at Haripur More at about 7.30 P.M. setting the investigating agency into motion, who after the completion of the investigation filed the challan in the court of Session Judge, Kathua. The learned Session Judge, vide impugned judgment found the appellant guilty for the commission of crime punishable under Section 302 R. P. C. and sentenced him to death.

(3.) THE appellant produced S/Shri Durga Dass, Babu Ram, Amar Nath, Mela Ram, Mansa Ram, Sardari