BHAGWAN DASS ALIAS KALA Vs. STATE OF J&K

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the Session Judge, Jammu, dated 31 -12 -1997, convicting the appellants under Section 302 read with Section 34 of the Ranbir Penal Code, sentencing them to imprisonment for life with a fine of Rs. 1,000/ - each. They have also been sentenced under sections 380 and 457 of the Ranbir Penal Code and sentenced to 3 years and 2 years rigorous imprisonment respectively with a fine of Rs. 1,000/ - each.

(2.) THE Prosecution story as unfolded in evidence is that on the morning of June 28, 1994. Mst. Durgi Devi -deceased was found dead in her house in village Camp Khour, Tehsil Akhnoor, by her son -in -law P.W. Badri Nath. The police was informed immediately and the investigation revealed that she has been killed by strangulation and her house had been burgled by the assailants. Accordingly, a case under sections 302/460/34 was registered in Police Station Khour. On the same date police arrested appellant -Bhagwan Dass and Sham Singh. On being interrogated they made disclosure statement with regard to the possession of some ornaments and cash which was subsequently recovered from the places indicated by them. The third accused was arrested on 29th June, 1994, and part of the stolen property recovered from him. The cause of death of Mst. Durgi Devi was found to be asphysia as a result of strangulation. After collecting evidence the accused were sent up for trial under sections 460 and 302 read with section 34 R.P.C. The Sessions Court, however, charged them under sections 302, 380 and 457 R.P.C. to which they pleaded not guilty.

(3.) THERE is no direct evidence to prove the charge of murder. The circumstantial evidence relied by the prosecution is recovery of the stolen property from the possession of the accused on the basis of information provided by them. The learned Sessions Judge examined the prosecution case under the following heads: -