ASSAD SOFI Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) Four accused appellants on trial for charged offences under section 302/34, RPC were convicted and sentenced to life imprisonment for having caused murder of Mohammad Sofi, by the District and Sessions Judge Budgam vide his Judgment and order of conviction and sentence dated 26-2-2000 and 6-3-2000 respectively in Criminal Sessions case 1/96. Against this judgment/order of conviction/sentence three accused Assad Sofi, Rahim Sofi and Ahad Sofi have come up in this Criminal Appeal 2/2000.

(2.) The prosecution case is that on 12-12-1995, while deceased Mohammad Sofi and his son Ali Mohd Sofi were engaged in discussions in their compound at about 4 PM in their village at Peth Sharan, Tehsil Beerwah, one Bashir Ahmad Dar happen to enter the compound and stand by them. On hearing the father and son, he laughed. Father and son took objection and the son Ali Mohd Sofi made him to go away from the spot. Soon after his father appeared on spot and objected to the conduct of the father and the son. The deceased apologized on which he returned, but almost at the same time accused-appellants, father and three sons tress-passed in the compound, Mohd Sofi caught hold of Mohd Abdulla Sofi's collar and called his sons to attack and kill him. Accused were armed with sticks. The two sons Rahim Sofi and Ahad Sofi caught the said Mohd Sofi by (sic) two arms while the third son accused Assad Sofi dealt a single blow on his head. He fell down unconscious. The other accused also beat him. He was lifted and carried first to police post Kulgam wherefrom he was referred and taken to SKIMS Institute at Srinagar, where he died after six days due to the above injury which he sustained on his head.

(3.) On receipt of docket, Police Station Beerwah registered FIR 241/91. The investigation was conducted. Statements of number of witnesses were recorded under Section 161, Cr.P.C., site plan as also recovery memos/seizure memos were prepared, medical certificates and autopsy report were also obtained. The investigation culminated in sending up all four accused for trial under Section 302/34/497 R.P.C. No report was presented against named accused Bashier Ahmad for want of evidence. The case was committed to Sessions. The learned Sessions Judge Budgam, framed charges against accused-appellants under Section 302/447/34,R.P.C. to which each of the accused pleaded not guilty. Prosecution has examined and trial Court recorded the statements of as many as 11 witnesses produced by the prosecution. The statements of the accused were recorded under Section 342, R.P.C. Accused have in defence examined three witnesses. The trial ended in conviction of the accused for murdering Mohd Sofi under Section 302/34,R.P.C. and convicting each accused to life imprisonment. Accused were acquitted of the charge of criminal trespass under Section 447 R.P.C.