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| DB upholds life-imprisonment awarded by Trial Court in 1996 | | | Early Times Reoprte
JAMMU, SEP 28 - Division Bench of J&K High Court, Jammu Wing, comprising Justice Nirmal Singh and Justice YP Nargotra, today dismissed criminal appeal filed by Narinder Singh convict, who was found guilty of murder, and upheld the life imprisonment awarded by the Sessions Judge Kathua on May 22, 1996 and fine of Rs 5000. DB also confirmed the conviction and sentence awarded to the appellant.
According to the prosecution case, on April 13, 1992 deceased Kola Ram and accused Narinder Singh along with others celebrate Baisakhi Mela at village Nagri and during the dance, the feet of deceased Kola Ram touched the feet of accused Narinder Kumar. On this they exchanged abuses but with the intervention of other members of the dance party, they stopped abusing each other but the accused left the spot in anger. At about 8.00 PM, accused Narinder Kumar appeared near the shop of Vijay Kumar in Nagri Parole armed with 12 bore gun. He pushed the side of the deceased Kola Ram with the barrel of gun with the intention to kill him and fired upon him. The deceased fell down and was taken to Kathua hospital where he was declared brought dead. On the information, the police registered a case u/s 302/323 RPC, Section 3 r/w section 25 of the Arms Act and after completion of the investigation, challan was presented in the Court of law.
Sessions Judge Kathua on May 22, 1996 sentenced the accused to undergo life-imprisonment with fine Rs of 5000. Against the order of the Sessions Judge, accused filed the present criminal appeal through Adv Sunil Sethi.
The judgment written by Justice Nirmal Singh for the Division Bench, after hearing Adv Sunil Sethi appearing for the accused/appellant and AAG PC Sharma appearing for the State, and referred various judgments of Supreme Court and observed that the in the present case the prosecution has given plausible explanation in not dispatching the FIR to the Magistrate it was recorded. The FIR was registered on April 13, 1992, but it was received by the Magistrate concerned on April 15, 1992 at 11.10 AM . The prosecution has given an explanation that on April 14, 1992, there was a public holiday and court was closed. On April 15, 1992 when the court opened at 10.00 AM, the FIR was delivered and it was received by the Magistrate concerned at 11.10 AM. No doubt, the FIR can be received by the Magistrate on public holiday but due to negligence of investigator, the case of the prosecution cannot be discarded when the FIR had already been registered without any delay on the day of occurrence itself and in the FIR, the detail of the occurrence had been given and the name of the accused had also been mentioned. In the present case the appellant has neither alleged nor proved any animus against the complainant and the other prosecution witnesses. The defence therefore, has failed to make any dent in the evidence of the prosecution. Thus, in the present case, it cannot be said that the delay, if any, was intentional just to make some improvement to correct a false story. From the evidence of the prosecution on record, it has been proved that appellant Narinder Kumar fired the gun-shot which hit Kola Ram resulting into his death. Therefore, DB is of the opinion that the Sessions Judge Kathua has rightly recorded the conviction and sentence. This appeal is found to be without merit and hence dismissed. The conviction and sentence awarded to the appellant is confirmed.
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