JAMMU: A Division Bench of State High Court Comprising Justice Virender Singh and Justice Muzaffar Hussain Attar has decided a criminal appeal of murder case after 18 years and partially allowed the appeal.
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 registered in Police Station, Kana Chak, Jammu for the offences punishable under sections 302/307/148/149/201 RPC and 3/25 and 4/27 of Arms Act. Vide impugned judgment rendered by learned Sessions Judge, Jammu dated 30th November, 1996/ 7th December, 1996, they were convicted and life-imprisonment awarded 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.
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 detailed in the report under section 173 CrPC is that on 10th February, 1993, PW Sikander Singh son of Mohan Singh, an Army person, was coming on his annual leave from Hyderabad and boarded the Bus from Jammu for proceeding to his village Marjali. The accused persons killed the deceased over a 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.
Division Bench after having gone through the case observed that the net result now surfaces is that the instant criminal appeal is partly allowed.
All the accused except accused Lal Singh, Vijay Singh and Jagtar Singh were acquitted of the charge of section 307 read with section 149 RPC, Accused Lal Singh, Vijay Singh and Jagtar Singh, however, are convicted under section 307 RPC substantively for causing fire arm injury to PWs Basant Singh and Jagdev Singh.
Division Bench further observed that however, 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 learned trial Court is reduced to the period already undergone by them.
Sentence of fine imposed upon these three accused, however shall remain intact. The accused Sarain Singh and Ravinder Singh are acquitted under Arms Act, Accused Jagtar Singh is also acquitted of charge under section 201 RPC. Division Bench further 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 under-trial 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 were discharged of their individual bail/surety bonds. JNF
