HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

Pronounced on : 23.05.2022

CRA No. 23/2016

CrlM No. 36/2020

CrlM No. 196/2020

IA No. 01/2016

In

CONF No. 09/2016

Pritam Singh

…..Appellant(s)

Through: Mr. S.C.Sharma, Advocate.

Vs

State

.…. Respondent(s)

Through: Mr. Aseem Sawhney, AAG.

Coram: HON’BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE

HON’BLE MR. JUSTICE PUNEET GUPTA, JUDGE

JUDGMENT

PER PUNEET GUPTA-J

1.

The appeal is filed by the appellant against the judgment and order of

the trial court, court of Sessions Judge, Kathua, whereby the appellant

has been held guilty and convicted of committing offence under

Section 302 RPC and awarded the term of life imprisonment and the

fine of Rs.20,000/- and in default of payment of fine the further simple

imprisonment for a period of three months. The court will refer to the

appellant as accused for the purposes of discussion in the appeal.

Sr. No. 1

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CRA No.23/2016

2.

The docket from ASI Police Station, Billawar coupled with the written

report filed by Mst. Nichno Devi against Pritam Singh, appellant

herein resulted into filing of FIR No. 139/2011 with Police Station,

Billawar under Section 307 RPC as Hans Raj, victim, had suffered

serious head injuries on his head due to the attack from the said Pritam

Singh. As Hans Raj died later on in the hospital due to the injuries

suffered by him, the offence under Section 302 RPC was also added

against the appellant-accused during the course of investigation. As

per the initial report filed with the police, Bodh Raj son of Beli Ram

and daughter of Thakur Dass were undergoing medical training at

Jammu and Bodh Raj had engineered kidnapping of the girl. The

Panchayat came to be convened in the house of Thakur Dass at village

Dall and the complainant, her husband Hans Raj and Beli Ram

attended the Panchayat. It was also attended by Thakur Dass, Pritam

Singh, Mansa Raj, Anchal Singh and Kasturi Lal. As the Panchayat

concluded at about 8.45 PM and the participants were about to leave

the Panchayat, the said Pritam Singh attacked Hans Raj on his head

with a sharp edged weapon having intention to kill him. The injury

received by victim Hans Raj was serious in nature. The victim was

referred to Government Medical College, Jammu for treatment but he

succumbed to injuries on 16.10.2011. The occurrence is of

14.10.2011. The accused-appellant was arrested during the course of

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investigation and on 17.10.2011 on the disclosure statement of the

accused, the alleged weapon of offence ‘Darati’ was also recovered.

The usual investigation took place in the case and on completion of

the investigation the challan was filed against the accused Pritam

Singh under Section 302 RPC. The court framed charge against the

accused under Section 302 RPC. The accused denied the charge and

claimed trial. The prosecution was directed to produce evidence in

support of its case. On the closure of prosecution evidence, the

statement of accused under Section 342 Cr.P.C was recorded wherein

he denied the incriminating evidence produced against him by the

prosecution. The accused did not produce any evidence in defense. It

is profitable to go through the statements of the prosecution witnesses

at this stage.

3.

PW-1 Nichno Devi is the wife of the deceased Hans Raj who is stated

to have been assaulted on 14^th by the accused. As per the statement of

the witness, Bodh Raj had contracted court marriage with the daughter

of Thakur Dass. She along with her husband and other six persons

participated in the Panchayat held in the house of Thakur Dass. It was

decided that as Bodh Raj could not be contacted on phone, he be

informed on the next day or a case will be filed. The accused present

did not say anything at that time. Thakru, Prabhu,