REHMAN WAGAY Vs. STATE

JUDGEMENT

(1.) THIS appeal has been filed by Rehman Wagay, Ali Wagay and Sattar Wagay against their conviction u/s 302, 396, 120 B R P. C. and for having been sentenced to life imprisonment by the Sessions Judge, Anantnag.

(2.) THE facts of the case, alleged by the prosecution are: that in the night falling between 31,3.1973 and 1.4 1973 two persons, namely, Ragow Kaul and Shabawati were murdered in their house situated in the village Ramnagri, Shopian, and burglary was committed in the house. It is alleged that one Beja Wazir who was some time back a house -hold servant of Ragow Kaul and his deceased brothers wife, Smt. Shobawati, entered into a conspiracy with the appellants herein and the approver Jabar Dar for committing burglary in the house and for murdering the two persons who lived in the house. It is alleged that it was PW 8, Gani Rather, who early in the morning on 1, 4, 73 went to the house of Ragow Kaul to purchase "alsi", when he found a window of the house half open and through that half open window he saw Ragow Kaul lying on bed groaning with pain. He also saw a woman in the bed as if in sleep. Gani Rather immediately thereafter meets PW 7, Dwarka Nath, near the village and narrates to him what he had seen. Upon this almost all the Pandith Baradari of the village collected in the compound of the deceased Ragow Koul. Two Lambardars, Wali Mohd and Mustafa and Chowkidar, Gulla Ganai, were sent for and when they came on spot they went inside and found that Soba Wati was already dead but Ragow Koul was still breathing. The Police was informed. They came on spot along with a Doctor. The Doctor declared that Mst. Shoba wati had already died and Ragow Koul who was given some emergency treatment failed to respond to the medical aid and he also breathed his last. Postmortem, of the dead bodies was conducted on spot. All the belongings of the deceased persons were seized by the police. According to the prosecution story, the police found on spot two shoe imprints which were covered by them and the moulds of the same were taken on 3rd April, 1973, The Police started investigation but found no clue for about a year and four months. It is alleged that one Rustum Galwan was under interrogation in another murder case registered in the Police Station Pulwama. He, it is alleged informed the police there that the appellants and the approver were responsible for the crime committed at Ramnagri. This information was allegedly given by Rustam Galwan on 21 -5 -74. The police, therefore, immediately set itself to action and the three accused persons and approver were arrested from the forest on 24 -8 -74 It is alleged that on 9. x 74 one of the accused namely, Jabbar Dar, applied from the Central Jail that he would make a truthful disclosure of the facts that led to the crime committed at Ramnagri. The S. P. Anantnag applied for pardon being granted to him which was granted and the confessional statement of Jabbar Dar was recorded on 26 -X -74. The challan was produced in the court of law.

(3.) THE prosecution had named 43 witnesses in the challan but ultimately examined only 24 of them. The rest were either given up or not produced. The accused have not examined any witness in defence.