Important Point – Law does not permit court to punish accused on basis of moral conviction or suspicion.

Sanjay Kumar Gupta, J.

Appellants/accused namely Rattan Lal and Kashmir Singh alias Kirpa Ram, both sons of Sant Ram R/o Kansar, Tehsil Bhaderwah ( for brevity ‘accused’), who have been convicted and sentenced by Principal Sessions Judge, Bhaderwah, vide impugned judgment/sentence dated 20.02.2013/21.02.2013 in FIR No.07/2004 of Police Station Bhaderwah for offences under Sections 302, 342/34 RPC, have filed present Cr. Appeal No.21/2013 and have prayed for setting aside the same. The learned Sessions Judge Bhaderwah has also made reference to this court for confirmation of sentence of life imprisonment imposed on appellants/convicts for offences under Sections 302, 342/34 RPC.

2. Brief facts of the case are that on 14.01.2004, BMO from Bhaderwah Hospital gave information in Police Station Bhaderwah through telephone that one person namely Jia Lal is admitted in the Hospital in injured condition. On this information one Anzar Ahmed PSI as per report No.18, Daily Diary dated 14.01.2004 was sent to hospital for further proceedings and he recorded the statement of injured Jia Lal, who stated that he is resident of village Kansar and is labourer. On 13.01.2004 at about 5.30 P.M. on the date of Lohri he was bringing his brother-in-laws Kashmir Singh alias Kirpa Ram and Rattan Lal to his home and when he was about to reach at home, scuffle took place between them and his brother in laws attacked him. Rattan Lal PSO posted in Sartingal injured him by inflicting Danda blow on his head and Kashmir Singh assaulted him with legs and fists. He fell on the ground and the above said persons who attacked, ran away from the spot. His family members and neighbourers brought him to home where he was given first aid an now he has come to hospital for treatment.

3. On the statement of injured, Report No:20 was entered in daily diary dated 14-1-2004 and injury form was filled. The injured thereafter for further treatment was referred to Jammu. On 23.1.2004 constable Shafqat Ahmed gave information from PCR Doda to Police Station Bhaderwah that injured Jia Lal who was admitted had died. On this case FIR No: 7/2004 u/s 302/34 RPC was registered in Police Station Bhaderwah and investigation was entrusted to SI who went to Medical College Jammu and investigation was commenced. The dead body of Jia Lal after postmortem was handed over to heirs. Thereafter documents including site plan were prepared. The statements of prosecution witnesses u/s 161 Cr.P.C were recorded and as per the statements, Rattan Lal and Kashmir Singh alias Kirpa Ram came in the house of deceased Jia Lal on Lohri day and both the accused with common criminal intention to murder the deceased, locked family members of deceased inside the house. The deceased was taken outside near his house and was given beatings with dandas (Sticks) who received grievous injuries and thereafter witnesses brought the injured to home. The injured was taken to Bhaderwah hospital on next day and thereafter for further treatment was shifted to Medical College Jammu for treatment where he died on 23.01.2004. Accordingly FIR No.7/2004 u/s 302/34 RPC was registered. Both the accused persons were arrested and after investigation offences u/s 302, 342, 34 RPC were proved against accused persons. Thereafter challan against accused persons namely Rattan Lal and Kashmir Singh alias Kirpa Ram was presented in the Court of Munsiff Judicial Magistrate Ist Class Bhadwerwah and the same was committed to this Court for further trial.

4. After preliminary arguments, charges under Sections 302, 342, 34 RPC were framed against accused persons namely Rattan Lal and Kashmir Singh alias Kirpa Ram and accused pleaded not guilty to the charges and claimed to be tried. Prosecution in order to prove guilt against accused persons have examined prosecution witnesses namely Prem Nath, Neena Devi, Balwant Singh s/o Prem Nath, Shiv Ram, Karanvesh, Kishore Kumar, Mohan Lal, Madhu Lal s/o Saba Ram, Man Singh, Madhoo Lal s/o Bha