JOGINDER LAL Vs. STATE

JUDGEMENT

(1.) THE appellant has been convicted for murder of one Gian Singh, committing murderous assault on Pritam Singh and possessing an unlicenced gun, under section 302, 307 and 27 -Indian Arms Act, by the learned 1st Addl. Sessions Judge, Jammu, vide judgment dated May 17, 1985 and sentenced to undergo life imprisonment, rigorous imprisonment for seven years and rigorous imprisonment for three years respectively. All the sentence have, however, been ordered to run concurrently.

(2.) PROSECUTION case was that on September 19, 1982 at 8 -30 A.M. Accused Appellant came to Police station Domana in a perplexed state, with a gun in his hand, and reported that he had some altercation with Nasib Singh and his sons, Gian Singh and Pritam Singh, Rajputs, residents of village keran and on it he fired shots from the gun due to which Gian Singh had died on spot and Pritam Singh seriously injured On it a case, F.I.R. No. 143 of 1982 under section 302 -RPC was registered at that Police Station. During investigation it transpired that Nasib Singh and his sons had occupied a piece of state land which had been reserved for the burial of children. Ramdasi community of that area had resented to this action of Nasib Singh. During the intervening night of 17 and 18 September 1982 some body set on fire the fencing put around the land by Nasib Singh and his children. Nasib Singh suspected appellant to have committed such mischief. On September 18, 1982 Joginder Lal appellant alongwith Brij Lal and Puran Singh was passing through that land when Gian Singh deceased, Nasib Singh and his other son Balbir Singh, came armed with sticks and exchanged hot words with him. The appellant managed to escape from there but he threatened other side to take evenge, Next day early in the morning at 6 -30 he came to the house of Nasib Singh, armed with a gun, and asked Gian Singh deceased to came out. Nasib Singb, Pritam Singh and Gian Singh came out of their house and on minor conversation, in order to take revenge, he fired at Pritam Singh first and seriously injured him. He afterwards fired another shot at Gian Singh due to which he died on spot. He then ran away along with the gun. He was found to have been in possession of gun belonging to Suraj Singh which he had retained illegally and without any licence.

(3.) CHALLAN against the appellant was produced in the court of learned Chief Judicial Magistrate Jammu who committed him to stand trial before the court of session. The case was subsequently tried by the 1st Addl. Session Judge Jammu who charged the appellant under sections 302 and 307 R.P.C. and 27 Indian Arms Act. He pleaded not guilty. Prosecution produced a set of witnesses and the accused -appellant also led defence evidence. Learned 1st Additional Session Judge, after holding trial, convicted and sentenced the appellant as aforesaid. He has also made a reference for confirmation of the sentence of life imprisonment imposed on the appellant. We have heard the learned counsel for the appellant and the learned Additional Advocate General. We have also perused the record before us.