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HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
Hasnain Massodi,Ali Mohammad Magrey, JJ.
Krishan Lal -Appellant
Versus
State Of J&K -Resopndent
Cr. Appeal no. 38-2009 & Cr. M.A. No. 47-2009
Decided On : 11-09-2013
Criminal Appeal - Conviction under Section 302, 450 RPC, Section 27 Indian Arms Act, 1959 - Sections 302, 450 RPC, 3/25 Arms Act - The judgment discusses the occurrence, prosecution evidence, discrepancies, and contradictions, and the court's analysis of the evidence. It highlights the importance of corroborative evidence, the necessity of a test identification parade, and the failure to confront the accused with incriminatory material. The court upholds the trial court's judgment and conviction.
Fact of the Case:
The appellant, an employee of a construction company, was convicted of offenses including murder and possession of arms. The prosecution presented evidence of the appellant demanding money and subsequently shooting and killing a colleague. The appellant denied his involvement and presented witnesses in his defense.
Finding of the Court:
The court found the prosecution evidence convincing and creditworthy, with minor discrepancies and contradictions making the statements natural and trustworthy. The court also emphasized the importance of corroborative evidence, including the first information report and postmortem examination report. The court dismissed the appellant's arguments regarding the necessity of a test identification parade and the failure to confront the accused with incriminatory material.
Issues: The issues included the credibility of prosecution evidence, the necessity of a test identification parade, and the failure to confront the accused with incriminatory material.
Ratio Decidendi: The court emphasized the importance of corroborative evidence, the necessity of a test identification parade, and the impact of failure to confront the accused with incriminatory material. It highlighted that minor discrepancies and contradictions in the evidence do not discredit the prosecution case.
Final Decision: The court upheld the trial court's judgment and conviction, dismissing the criminal appeal and confirming the appellant's sentence.
2. Background facts alleged in the charge sheet and held to have been proved beyond reasonable doubt by the Trial Court need to be noticed in the first instance.
3. Shri Krishan Lal S/o Nek Ram R/o Salal Tehsil Reasi - appellant herein, is an employee of Public Works Department. IFCON is a construction company engaged in construction of Chenab Bridge Project, as a part of Udhampur - Srinagar Railway Line. The Company in connection with execution of contract bagged by it set up its office and residential quarters in a rented accommodation at Salal, Reasi. The appellant on 06.03.2005 at 9.30 PM, came to the residential quarters of the employees of the Company and introducing himself as a muscle man of the area, demanded money from Shri P. Vedhalingam working as Storekeeper in the Company, hurling abuses on the employees. Shri P. Vedhalingam objected to the appellant's behaviour, stating that he and others present were only employees of the company and he would take up the matter with the Company. The appellant, undeterred by the response of Shri P. Vedhalingam left the place, extending threats and with the warning that he would come back. The appellant after an interval of about 45 minutes returned to the residential quarters of Company Staff - now armed with the twelve bore gun arid open fire on Shri P. Vedhalingam. The bullet hit his abdomen. He was shifted to a local hospital in an injured condition where he succumbed to injuries. The appellant managed to escape from the scene of occurrence leaving behind his nylon chapels.
4. The occurrence was telephonically reported to Police Station, Reasi by Shri Maheshpai S/o Jagdeshpai R/o Kumta North, Karnataka an Engineer of the Company and posted with the deceased at Salal. The report prompted Police Station, Reasi to register a case FIR no. 34/2005 under Sections 307,452, 323 RPC and 3/25 Arms Act. However, after the victim breathed his last, offence punishable under Section 307 RPC was substituted by offence punishable under Section 302 RPC.
5. The investigation was taken over by Shri Ranjeet Singh, SHO Police Station, Reasi in his own hands. He accompanied by Constables Mangal Singh 435/SGC, Mohammad Alam 245/C, Mohammad Freed 332/C, Kuldeep Raj 186/SGC, Abdul Zahoor 319/C, Suresh Singh & Ravinder 110/SGC went to the scene of occurrence and deputed Basant Lal ASI, Nazir Ahmad 364/. Makhan Lal 102/SPO to the hospital where deceased was rushed after occurrence, for treatment. The investigating officer seized nylon chapels, left behind by the appellant at the place of occurrence, lifted the blood stains for analysis, seized empty cartridge, took over dead body of the deceased got its postmortem examination conducted and forwarded the blood samples etc to Forensic Science Laboratory. The appellant was arrested and on his disclosure a twelve bore gun the weapon of the offence was recovered, sealed and sent to Forensic Science Laboratory for its examination by the Ballistic Expert. The Investigating Officer recorded statement of all those acquainted with the facts of the case and on the strength of material collected during investigation, concluded investigation as proved against the appellant. The charge sheet alleging commission of offences punishable under Sections 302, 450 RPC and 3/25 Arms Act was accordingly presented before the Committal Magistrate and the ease committed by the Magistrate to Sessions Court, Reasi
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