MOHAMMAD TAJ Vs. STATE OF JANDK

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order of conviction dated 30th of September, 2009 and order dated 1st of October, 2009, whereby accused was sentenced to death subject to confirmation of this Court, on the grounds taken in the memo of appeal.

(2.) Police Station Budhal received information from reliable sources that on 9th of October, 2005 at about 7.00 pm a group of militants entered into the house of one Munshi Ram S/o Nihal Chand R/o Raj Nagar Budhal and killed five persons by slitting their throats. This report set the police in motion. FIR No. 46/2005 for the commission of offences punishable under Sections 302, 120B, 121, 122 of Ranbir Penal Code, (hereinafter for short as RPC) and Section 4/27 Arms Act came to be registered. Mohammad Bashir, ASI, was entrusted with the investigation; he conducted the investigation and during investigation prepared site-plan of the place of occurrence, seized dead bodies of the five persons, prepared seizure memos, took photographs of the place of occurrence and of dead bodies and samples of ordinary and blood stained soil (earth) were taken from spot. The team of doctors conducted postmortem, blood samples were taken during conducting of postmortem and were sent to FSL for opinion. The dead bodies were handed over to their relations.

(3.) The Investigating Officer prepared a final report in terms of Section 173 of Criminal Procedure Code (hereinafter for short as Cr.P.C) and came to the prima-facie conclusion that on 4th of October, 2005, accused Altaf Hussain met Mohammad Yaseen Alias Amir Khan, Sanghar Pathan and Shakeel Ahmad in the Guhar forests and stayed during the intervening night of 4/5th October, 2005 in the house of Mohammad Bashir S/o Saleh Mohammad R/o Mahora Gabbar. On 5th of October, 2005 Altaf got clothes of the aforesaid persons washed by Ashiq Ali S/o Hassan Mohammad and also arranged food/fruits from Mohammad Tariq S/o Mohammad Bashir. In the intervening night of 5th/ 6th October, 2005 they stayed in the house of Mohammad Iqbal S/o Raj Mohammad R/o Mahora Gabbar and at about 11. pm accused Mohammad Taj (nephew of Mohammad Iqbal) reached there. Thereafter they stayed in forest (Chakhari) in order to trace-identify the informers.In the intervening night of 9th/ 10th of October, 2005 all the five persons i.e. Altaf, Mohammad Taj and aforesaid three militants entered into the house of Munshi Ram and Sobha Ram and killed Munshi Ram, his two sons Rajender Kumar alias Kala and Hans Raj and Sobha Ram his son Suresh alias Vicky by slitting their throats.