ATTA MOHAMMAD Vs. STATE

JUDGEMENT

(1.) THIS judgment shall dispose of (1) an appeal preferred by Atta Moh'd against an order of the Sessions Judge, Kashmir, convicting the appellant under Section 302 read with Section 109, R. P. C., and sentencing him to one year's rigorous imprisonment, (2) a reference submitted by the Sessions Judge of Kashmir under Section 374, Criminal Procedure Code, seeking confirmation of the sentence of life imprisonment passed by him on Ghulam Moh'd accused under Section 302, R. P. C., and (3) a revision application filed by the Assistant Advocate General for enhancement of the sentence of both Ghulam Moh'd and Atta Moh'd convicts.

(2.) THE prosecution story, as disclosed by Moh'd Hussain approver, briefly is as follows :

(3.) THE evidence against Ghulam Moh'd convict consists in the main of the testimony of the approver which has already been summarised above. The learned Sessions Judge has sought corroboration of the accomplice evidence by the retracted confession of Atta Moh'd accused and by the discovery of another axe Ex. P. 1 alleged to have been produced by Ghulam Moh'd before the police on 13th Sawan 2006, and by the evidence of motive. Atta Moh'd simply participated in the conspiracy to murder Mukhta Lone. Both Ghulam Moh'd and Atta Moh'd have pleaded not guilty.