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2015 Supreme(J&K) 539

IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
Bansi Lal Bhat and Janak Raj Kotwal, JJ.
Karnail Singh and Ors. - Appellants
Vs.
State of J&K and Ors. Respondent
Cr. Appeal No. 22, 26, 28, 29 of 2012, and Confirmation No. 11 of 2012
Decided On : 30-12-2015

Advocates Appeared:
For the Appellant :Sakal Bhushan, Rajnesh Oswal and Anil Khajuria, Advocates
For the Respondent: L.K. Moza, AAG

JUDGMENT :

Bansi Lal Bhat, J.

1. This bunch of criminal appeals is directed against judgment of conviction dated 31.01.2012 and order of sentence dated 23.02.2012 by virtue whereof appellants (hereinafter referred to as the accused) -Karnail Singh and Ratno Devi stand convicted of offence under Section 302/120-B/109 of RPC and sentenced to suffer imprisonment for life and a fine of Rs. 10,000/- (Rupees Ten Thousand). Accused-Naresh Kumar, Sohan Singh, Jeet Kumar alias Jeeta, Jaimal Kumar alias Jeebu, Daleep Singh and Suresh Kumar have been convicted of offences under Section 302/364/120-B of RPC and sentenced to imprisonment for life and a fine of Rs. 10,000/- (Rupees Ten Thousand) each for conviction under Section 302/120-B of RPC. Besides they have also been sentenced to rigorous imprisonment for ten years and a fine of Rs. 10,000/- (Rupees Ten Thousand) each for suffering conviction under Section 364 of RPC. The convicts have been directed to suffer varying terms of imprisonment in default of payment of fine. Substantive sentences of imprisonment have been directed to run concurrently. These three appeals arising out of a common judgment following a joint trial have been heard together and are proposed to be disposed of by formulating a common judgment.

2. The sequence of events leading to the prosecution of accused, as emanating from the Charge-Sheet, may briefly be summarized as under:--

"On 26.08.2005 at 10.30 a.m., a source information was received at Police Post Greater Kailash, Jammu that an unidentified dead body had been discovered in the Canal located near the fountain at Greater Kailash. This led to initiation of proceedings under Section 174 of Cr. P.C. Dead body was retrieved from the Canal. The hands of the deceased were found tied with a lace. A lace was found around the neck too. A plastic rope was also found tied to the dead body. Legal formalities were completed in regard to seizure of the dead body and the articles. The dead body was kept in mortuary room of the Government Medical College Jammu. Discovery of body of unidentified person was publicized through print and electronic media. All Police Stations were informed of the recovery of unidentified dead body. It was on 27.08.2005 that one Vijay Mohan Sharma claiming to be the brother of deceased came forward to identify the dead body as that of Nitin Sharma S/o Surinder Mohan Sharma caste Brahmin resident of Ward No. 2 Nagri Parole District Kathua. The memo of identification was prepared and the statement of Vijay Mohan Sharma was recorded. In his statement recorded under Section 175 of Cr.P.C., Vijay Mohan Sharma stated that the deceased, who was working as a Matador driver and living in a rented accommodation at Sanjay Nagar, Jammu, had solemnized marriage with Neetu D/o SSP Karnail Singh on 31.03.2005 much to the disliking of Karnail Singh, who was extending threats to the deceased and other members of his family. Vijay Mohan Sharma alleged that accused Karnail Singh had lodged a false case against his brother Rajesh Kumar at Nagri Parole as a measure of harassment. He also alleged that the accused Karnail Singh had threatened to eliminate the entire family. He further stated that on 24.08.2005 some unknown person made a telephone call from Jammu informing him that some persons wearing plain clothes had lifted the deceased from Dogra Academy in an official Ambassador car sporting red beacon light and taken him to some unknown destination. He further stated that he and his family members were frantically searching for the deceased and he learnt about discovery of a dead body from Canal at Greater Kailash which he identified to be that of the deceased in mortuary home. He alleged that the deceased had been murdered by Karnail Singh in conspiracy with other unknown persons. It was on the basis of statement emanating from Vijay Mohan Sharma that the proceedings under Section 174 of Cr. P.C. were terminated and a case under First Information Report (FIR) No. 7



























































































































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