Excelsior Correspondent
JAMMU, June 5: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Atul Sreedharan and Justice Rajesh Sekhri has upheld the life-imprisonment awarded to one Amarjeet Singh alias Kaka, who committed murder of his lover’s husband in the year 2020.
After hearing Advocates AK Shan and Rakesh Khajuria for the appellant whereas Senior AAG Raman Arora for the UT, DB observed, “it is evident that appellant had a pre-plan to kill the deceased, because he appeared in the house of the deceased, armed with a sharp edged weapon. He came to the house of the deceased on the pretext of demanding a motor and an amount of Rs 1,000 and after brief altercation, he took the deceased to Kacha Kitchen of the house and stabbed him in his chest without any provocation”.
“Not only this, when deceased came out of Kacha Kitchen crying for help and went towards the house of his uncle, accused chased him and inflicted another stab blow in his neck and killed him on the spot. All the prosecution witnesses have given a vivid and graphic account of the occurrence, which took place in their presence”, DB said, adding “the clear and unambiguous testimonial potency of the prosecution witnesses is duly supported by the medical evidence and the autopsy report that two external injuries on the chest and the neck of the deceased were found at the time of post-mortem”.
“Recovery and seizure of the weapon of offence consequent upon the disclosure statement of the accused provides ample support to the prosecution case. Though prosecuting agency has failed to get the FIR exhibited, however, in our considered view, since the informant has admitted the contents of the FIR and those of the Roznamcha in his deposition before the trial court, prosecution case, on this count alone, cannot be thrown overboard”, DB said, adding “appellant has failed to show any prejudice caused to him by non-examination of the Investigating Officer in the present case, in particular, in view of meticulous and immaculate version of the eye witnesses to the occurrence”.
With these observations, DB dismissed the appeal and upheld impugned judgment of conviction and order of sentence.
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