STATE TIMES NEWS
JAMMU: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Rajnesh Oswal and Justice Puneet Gupta today set-aside the life-imprisonment to Ram Dayal and Bishan Dass who were facing trial in murder case from 1996.
The facts as they stem out from the charge sheet are that a docket was sent by ASI Abdul Aziz for registration of FIR with Police Station, Domana on 28.04.1996 that was received at 1500 hours in the Police Station. It was mentioned in the docket that he along with Krishan Lal and Survesh were on patrolling duty when a dead body was found in a Nallah at Village Deode-Kubbe. The dead body was taken out from the Nallah and there was deep cut in the neck and other injuries on neck and head of the dead body which were caused by a sharp-edged weapon. On receipt of this docket, FIR No. 60/1996 for commission of offence under section 302 RPC was registered and during the course of investigation the accused were arrested and during personal search of Bishan Dass, one broken gold chain with locket having inscription “LS” was recovered. The appellant Ram Dayal made the disclosure statement with regard to the weapon of offence (khokhri) and the same was recovered at the instance of appellant Ram Dayal. Disclosure memo and recovery memo were prepared. The weapon was resealed and thereafter was sent to FSL. During the investigation, it transpired that Ram Dayal was having relations with one Miss X (Name withheld). The deceased Lochan Singh had been working in Karloop Academy as a private teacher for the last 3-4 months. On the day of occurrence, accused Ram Dayal saw the deceased and Miss X talking to each other. Ram Dayal got annoyed and he also called Bishan Dass, as they were close friends. Both the appellants pursuant to the well-knit plan, as the deceased also was having relations with Miss X, followed Lochan Singh and when he reached near Nallah at DeodeKobbe, appellant Bishan Dass caught hold the hair of Lochan Singh and Ram Dayal assaulted the deceased at his neck with khokhri. Appellant Bishan Das snatched gold chain from the deceased. Deceased jumped into the Nallah and Ram Dayal also jumped in the Nallah and on the other bank of Nallah, Ram Dayal assaulted the deceased at his neck and head and other parts of the body and killed him and after completion of investigation challan was presented and trial court awarded life-imprisonment.
DB after hearing Sr. Adv Sunil Sethi for the appellants, observed that the motive projected by the prosecution for committing the murder of deceased Lochan Singh by the appellant-Ram Dayal is that he was having relations with a girl namely X. The only witness that has been produced by the prosecution to prove the said circumstance is PW-8 Sher Bahadur Singh. Pw-8 Sher Bahadur Singh, ofcourse is a related witness being uncle of the deceased Lochan Singh and his evidence is required to be appreciated with due care and caution. He has stated that on 21.04.1996 he had gone to meet his relative at Gole Gujral and thereafter, he was going to meet his parents at Marh Bagh. While he was standing at Tillo Bouri Chowk, his nephew Lochan Singh was going towards the city on a scooter with a girl as pillion rider. He was embarrassed on seeing him. On enquiry, he disclosed that the girl resided in front of the academy. In the meantime, accused Ram Dayal and accused Papa came there on motorcycle and asked him that you should advise your nephew otherwise consequence would not be good. On that, he warned Lochan Singh. He then got the girl boarded in a bus going to the city and he along with Lochan Singh returned. He admitted that from 20.04.1996 to 28.04.1996, he did not narrate that incident to anyone except his brother on the date when the dead body of the deceased was recovered. PW-5 Harbhajan Singh, the father of the deceased stated that PW-8 disclosed him about the incident of meeting Lochan Singh and threatening by appellant Ram Dayal on 27.04.1996 and as such he contradicts PW-8 Sher Bahadur. PW-22 Shamsher Singh Parihar Investigating Officer has admitted that he did not record the statement of the said girl. She was the most important witness to prove the motive for the commission of murder of the deceased. Her non association with the investigation has caused dent in the prosecution case so far as proof of motive is concerned. PW-5 and PW-8 are the father and paternal uncle of the deceased and their contradictory testimonies cannot be relied upon in absence of independent corroboration.
DB examined the judgment passed by the trial court where trial court has placed much reliance upon the disclosure statement as well as recovery of the weapon of offence, which in our opinion, the prosecution has miserably failed to prove. More so, the learned trial court has relied upon the statement of PW-8 Sher Bahadur Singh so far as motive is concerned but in absence of the statement of a girl with whom the appellant Ram Dayal and deceased Lochan Singh were having affair, it cannot be said that the prosecution has proved the motive. We are of the considered view that the learned trial court has not appreciated the evidence in its right perspective and has even not gone through the whole statement of PW-6 Harbhajan Singh as there is no mention in the judgment of the trial court with regard to his deposition that the locket was not having any identification. The appellants were required to be acquitted as the prosecution had not succeeded in its case beyond reasonable doubt. In view of what has been said and discussed above, the judgment of conviction dated 22.03.2008 along with order of sentence dated 24.03.2008 passed by the Principal Sessions Judge, Jammu in a challan titled “State versus Ram Dayal & Anr.” arising out of FIR NO. 60/1996 under sections 302/34 RPC and 4/27 Arms Act of Police Station, Domana is set aside. The appellants are acquitted of the charges and the charge sheet is dismissed. Appellants are on bail, their bail and personal bonds are discharged.
