Criminal Appeal No. – 74/2012
JAMMU & KASHMIR HIGH COURT
Date of Judgement: 13th June 2014
Bench: Hon’ble Virender Singh J., Hon’ble Bansi Lal Bhat J.
Relevant Acts/Sections:
- Section 302 IPC (Punishment for Murder)
- Section 348 IPC (Wrongful confinement to extort confession, or compel restoration of property)
- Section 304 IPC (Punishment for culpable homicide not amounting to murder)
Branch: Forensic Physics
Backstory
On 18th September 2004, Bir Singh alias Munnu (deceased) went to market along with Gian Singh (accused), but the deceased did not return, Chain Singh informed that Bir Singh alias Munnu was accused of having stolen cash amount of Rs. 2,300/- accused Gian Singh, Jasbir Singh, and Kasthuri Lal was taken Bir Singh alias Munnu to Gian Singh home and where they served him with liquor and started interrogating the deceased and an amount of Rs. 1,400/- was recovered from deceased shoes. Bir Singh alias Munnu pleaded innocence. The accused persons tied him with a rope and subjected the deceased to physical violence. Accused Gian Singh has struck the deceased with a lathi, accused Jasbir Singh assaulted deceased with a Tangru, causing injuries on his head and other vital parts of the body intending to cause death. Accused Kasturi Lal was holding the deceased with a rope tied around the deceased body. Bir Singh alias Munnu died in consequence of injuries. The body of the deceased was lying in the Gian Singh compound. On 19th September 2004, Dalip Singh (informant), Rano Devi, Ashu Devi, and Babli Devi walked into Police Station and complained. FIR no. 94.2004 was registered under Section 302/348/34 IPC.
During the investigation the dead body of the deceased was seized and the crime scene was photographed, Fard-I-Surat-E-Hal was prepared, plain and blood-soaked soil was lifted and sealed, a pair of black shoes, a plastic bag having blood stains and a rope were seized and sealed. Body of the deceased was sent for post-mortem examination, clothes on the deceased body were seized and sealed.
The stick used by Gian Singh were seized, Rs. 1400/- and Tangru (spade) was recovered from accused Jasbir Singh. The seized articles were sent to FSL for examination.
Postmortem Report
Dr. O. P. Bhagat of Ramban Hospital conducted the post-mortem of Bir Singh alias Munnu dead body and noticed multiple injuries on various parts of the body and opined that the cause of the death was because of internal cerebellar artery hemorrhage, respiratory failure, cardiac arrest, and weapons caused the injuries are Stick (lathi) and Tangru (spade) and proved the statement in his report.
Forensic Report
Mushtaq Ahmad Deputy Director FSL Jammu, examined the articles blood-stained soil, a sample of plain soil, blood-stained polythene bag, a piece of gauze-cloth blood-stained, a torn shirt, a torn underwear blood-stained, blood-stained wooden stick (lathi), and a Tangru (spade) with wooden handle, he opined that human blood-stains were found on all exhibits except sample of plain soil. They found blood on M-1120/04, M-1123/04, M-1124/04 is of “A” Group, wherein the other two exhibits the blood group could not be determined and proved the statement in his report.
Judgement
The accused persons were convicted under Section 302 and Section 348 IPC read with 34 IPC, imprisonment for life, with fine Rs. 10,000/-.