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| DB converts 302 RPC to 304-I, directs release of the accused | | | Early Times Reporter
Jammu | Sep 11
Division Bench of J&K High Court Jammu wing, comprising Justice Aftab Alam, Acting Chief Justice and Justice Virender Singh, today converted section 302 RPC to under section 304-I RPC and directed release of the appellant from the jail, who has already gone under the sentence period, unless required in any other case.
This direction was passed in a criminal appeal filed against the judgment and order passed by Principal Sessions Judge Jammu on August 21, 2004 whereby the appellant Baldev Raj was convicted u/s 302 RPC and sentenced to under go rigorous imprisonment for life.
According to the prosecution story the accused Baldev Raj entered in the house of deceased Shani Devi and attacked her with an axe on October 22, 1994 and was admitted in RS Pura hospital RS wherefrom she was shifted to GMC Jammu and finally discharged on October 29, 1994 and later died in her house on November 2, 1994. The RS Pura police registered a case u/s 302 RPC and after completion of the investigation presented challan in the court of law from where the accused was sentenced to undergo RI for life, which was challenged by the accused through Adv Adarsh Sharma.
In the judgment, DB after hearing both the sides, observed that the appellant was arrested soon after the commission of offence on October 22, 1994 and was remanded in jail as an under trial and continued to be incarcerated during the pendnecy of appeal before the High Court. He has thus remained in jail for slightly less than 13 years.
Adv Adarsh Sharma appearing for the appellant submitted that he would be satisfied by the conversion of appellant’s conviction u/s 304-I instead of 302 RPC.
DB further observed that Shanti Devi who was discharged from the hospital went to her house where she died on November 2, 1994. In other words she died after about a fortnight of the occurrence and in the meanwhile she was discharged from the GMC hospital with the certificate from the competent doctor that the condition was satisfactory and that there was nothing serious about her condition. In the fact and circumstances, DB is of the considered view that the appellant’s conviction can be safely brought u/s 304-I RPC and conviction can be maintained under this section rather than 302 RPC, as done by the Trial Court. Mr. BS Salathia AAG tried to resist the submission made by Adarsh Sharma Advocate and submitted that the judgment passed by the Trial Court was fit to be fully upheld and DB declined to take the view as indicated above. With these observations, DB converted the appellant’s conviction u/s 304-I RPC and sentenced him to the period already undergone by him and directed that appellant be released from jail forthwith unless required in any other case. JNF
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