AKBAR DAR Vs. STATE

JUDGEMENT

(1.) FOR the murder of Ishaq Wani, and injuries caused to Mohi -ud -Din Wani and his brother Bashir Ahmad Wani, six accused namely Ahmad Dar, Akbar Dar, Hassan Dar, Noor Mohd Dar, Mohi -ud -Din Dar and Mst Zeba were committed to stand trial for offences under sections 302/149/323/149 acid 32J/149 RPC, During the pendency of the trial in the court of Addl. Sessions Judge, Srinagar, Mst. Zeba died. The learned Addl. Sessions Judge has acquitted Hassan Dar of all the offences but has convicted the remaining accused for various offences, for which they had been charged. They were sentenced to suffer life imprisonment and a fine of rupees one hundred for the offence under section 323 RPC, the accused were sentenced to one monthâ„¢s rigorous imprisonment for the offence under section 325 RPC they were sentenced to one monthâ„¢s rigorous imprisonment and to a fine of Rs. 100/ - each. The accused have through this appeal challenged their conviction and sentence. The learned Addl. Sessions Judge has submitted the papers for confirmation of the sentence of imprisonment for life imposed on the accused persons. This judgment shall dispose of both the Criminal appeal and the Reference.

(2.) THE prosecution case against the accused is that there was some altercation between the accused party on the one hand and Ishaq wani deceased on the other on the 17th of the August, 1976. The accused party then held out a threat that they would take revenge and in furtherance of that threat, on 18 -8 -1976, Ahmed Dar accused hurled abuses at Ishaq Wani upon which he came out of his house. His two sons also came out. Akbar Dar accused then hit Ishaq Wani on his head with a danda, while Mohi -ud -Din Dar gave a fist blow to Mohi -ud -Din on his mouth. Noor Mohd. Dar gave a blow on the head of Bashir Ahmad Wani with a Tangroo. Whereas Ishaq Wani succumbed to the injuries in the hospital, Mohi -ud Din Wani sustained a grievous hurt and lost one of his teeth, Bashir Ahmad Wani only received a simple injury. The motive for the assault was stated to be the altercation which had taken place on 17th August, 1976 at about 5 P.M. in which the accused had got infuriated at the demand of return of Rs, 10/ - by Imam -ud -Din whose demand was supported by the deceased party. Ishaq Wani deceased had persuaded Ahmed Dar accused that he should pay the debt of Rs. 10/ - to Injam -ud -Din. Ahmad Dar accused had got enraged at this and had started abusing Ishaq Wani and his sons and others who were present there. After the occurrence on 18 -8 -1876, Hassan Beg arranged for a car in which the deceased was taken to the hospital in an injured condition. The first information report was thereafter lodged on a written report of Bashir Ahmad Wani, Exhibit PI, given to the investigating officer at the hospital.

(3.) BASHIR Ahmad Wani, Ahmad Jan, Ahmad Jabar and Ghulam Hassan Beg were examined by the Prosecution as eye witnesses of the occurrence. They all narrated the prosecution story in the manner which has been noticed in the earlier part of this judgment. Rajab Wani P.W. Fidda Ali, Ahmad Mir and Gh. Hassan Wani arrived on the scene of occurrence after hearing noise and then saw the occurrence. They corroborated the evidence of the eye witnesses regarding the assault and altercation on 18 -8 -1976. The prosecution witnesses have admitted that after the exchange of abuses between Hamid Dar and Ishaq Wani, the others came on the spot and took part in the fray. Imam -ud -Din P.W. was examined by the prosecution to prove motive and he deposed about the altercation between the accused on the one hand and the witness and the deceased on the other on the previous day i.e. on 17 -8 -76.