Jammu, Oct 2: A high court division bench of Justice Virender Singh and Justice Muzaffar Hussain Attar has decided a criminal appeal of murder case after 18 years and partially allowed it.
According to the appeal, Sarain Singh, Vijay Singh, Jagtar Singh alias Jagga, Ravinder Singh alias Peter, Narotam Singh alias Bilu, Kehar Singh, Lal Singh, Omkar Singh (now dead), Vakil Singh (now dead) ,Pardeep Singh alias Dodho, Manohar Singh alias Tooti and Sangroo Singh alias Makhnoo (proceeded under section 512 CrPC,) were booked in case FIR No 31/1993 at Kanhachak police station for the offences punishable under sections 302, 307, 148, 149 and 201 of RPC and section 3/25 and 4/27 of Arms Act.
Vide impugned judgment rendered by Sessions Judge, Jammu, dated November 30, 1996, and December 7, 1996, they stand convicted with awarded life imprisonment to Sarain Singh, Vijay Singh, Jagtar Singh alias Jagga, Ravinder Singh alias Peter, Narotam Singh alias Bilu, Kehar Singh, Lal Singh, Omkar Singh (now dead), Vakil Singh (now dead) ,Pardeep Singh alias Dodho. It needs to be mentioned here that during the pendency of the instant appeal, accused Omkar Singh and Vakil Singh died their natural death, reference whereof is made in our order dated 3rd of May, 2006. The instant appeal, thus, survives qua accused Sarain Singh, Vijay Singh, Jagtar Singh, Ravinder Singh, Narotam Singh, Kehar Singh, Lal Singh, Pardeep Sing and Manohar Singh.
The case set up by the prosecution as one finds from the investigation carried out in the present case and detailed in the report under section 173 CrPC is that on 10.02.1993, Sikander Singh, son of Mohan Singh, an army personnel, was coming on his annual leave from Hyderabad and boarded the Bus from Jammu for proceeding to his village Marjali and accused persons killed him on dispute of land. A case FIR No. 31/1993 came to be registered in Police Station Kana Chak, Jammu for the offences punishable under sections 302/307/148/149/201 RPC and 3/25 and 4/25 Arms Act. The bench after gone through the case observed that the net result now surfaces is that the instant criminal appeal is partly allowed in the following terms all the accused are acquitted of the charge of Section 148 R.P.C. All the accused except Sarain Singh are acquitted of the charges of section 302 read with section 149 RPC, Accused Sarain Singh, however, is convicted under section 302 RPC substantively and in these terms, impugned conviction and sentence recorded by the trial court is upheld. All the accused except Lal Singh, Vijay Singh and Jagtar Singh are acquitted of the charge of section 307 read with section 149 of RPC. Lal Singh, Vijay Singh and Jagtar Singh, however, are convicted under section 307 of RPC substantively for causing fire arm injury to Basant Singh and Jagdev Singh.
The bench observed that keeping in view the totality of facts and circumstances of the present case, their sentence of rigorous imprisonment of five years as recorded by the trial court is reduced to the period already undergone by them in connection with this case which otherwise turns out to be more than five years each. Sentence of fine imposed upon these three accused, however, shall remain intact. Accused Sarain Singh and Ravinder Singh are acquitted under Arms Act. Accused Jagtar Singh is also acquitted of charge under section 201 of RPC. The bench observed that since all the accused were on bail during the pendency of the instant appeal and that Lal Singh, Vijay Singh and Jagtar Singh have already undergone their substantive sentence as undertrial prisoners/convicts, the bail/surety bond of accused Sarain Singh only stands cancelled. He shall have to serve the remaining period of his substantive sentence. Remaining accused are discharged of their individual bail/surety bonds. |
