Present appeal challenges the judgment and order dated 5 June, 2009, passed by the Division Bench of the High Court of Jammu and Kashmir at Jammu (‘High Court’ for short) in Criminal Appeal
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No 09 of 1991, thereby dismissing the appeal filed by Appellants-accused and confirming the order of conviction and sentence awarded on 23 March, 1991 by learned Sessions Judge, Kathua (‘Sessions Judge’ for short) in Trial Case No 89/1990. On the basis of statement of Jaswinder (EX.PW-BS) First Information Report (‘FIR’ for short)
No 213/90 was registered under section 307/382/342/148/149 of the Jammu and Kashmir State Ranbir Penal Code (‘RPC’ for short) at the Police Station. P.W.1-Praveen Kumar and P.W.1-Praveen Kumar had demanded the sum 3-4 days prior to occurrence of the incident. P.W.1-Praveen Kumar was also accompanied by P.W.2-Hardev Singh and the occurrence of the above incident was narrated to P.W.3- Chajju Ram and Krishan Chand Lambardar. Accused No.1-Lal Chand (since deceased), Accused No.2-Bias Raj, Accused No.3-Mohinder Pal alias Roshan, Accused No.4-Basant Kumar, Accused No.5- Om Prakash alias Doctor, Accused No.6-Kishan Chand and Accused No.7-Madan Lal were tried. Being aggrieved thereby, Appellants-accused filed an appeal before the High Court.
Being aggrieved thereby the present Appeal was filed by Accused No.3-Mohinder Pal, Accused No.7-Madan Lal and Accused No.4-Basant Kumar.
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Ray urged that the evidence of P.W.1-Praveen Kumar and P.W.3-Chhajju Ram contradict the dying declaration on several points.
The dying declaration does not state that P.W.1- Praveen Kumar was assaulted and confined in the house of the Appellants which is why both the deceased went to the house of the Appellants instead it just states that they were finishing their work and were assaulted by the Appellants.
Insofar as the incident is concerned, the prosecution mainly relies on the dying declaration of deceased-Jaswinder as well as the oral testimony of P.W.1- Praveen Kumar, the brother of deceased-Jaswinder and P.W.2-Hardev Singh. It is to be noted that though in the dying declaration it is stated that there was no previous enmity between deceased-Jaswinder and the accused appellants, from the evidence of P.W.1-Praveen Kumar, it would reveal that an amount of Rs.50/- was taken by accused Bias from P.W.1-Praveen Kumar and the dispute was with regard to non-payment of the same.
P.W.2-Hardev Singh submitted that thereafter he went back and when he reached near Jagatpur canal, he met Manjit alias Babi and Jaswinder and he informed them about the incident of P.W.1-Praveen Kumar meeting him and being assaulted.
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The versions as to why the deceased- Jaswinder and Manjit as well as P.W.1-Praveen Kumar went to the house of the accused persons are varying. According to him, after P.W.1-Praveen was assaulted by the accused persons, he went from there and on the way deceased Jaswinder and Manjit met him and he informed them about the incident of P.W.1-Praveen Kumar being assaulted and tied. 1- Praveen Kumar and P.W.2-Hardev Singh were sent by them to assault accused No.1-Lal Chand (since deceased). The defence of the accused appears to be that the deceased-Jaswinder and Manjit as well as P.W.1-Praveen Kumar and P.W.2-Hardev Singh were engaged by Mohan Lal and Kewal Krishna to take revenge on account of previous enmity.
Case Title: MOHINDER PAL Vs. THE STATE OF JAMMU AND KASHMIR (2023 INSC 26)
Case Number: Crl.A. No.-001863-001863 / 2010
