LAWS(J&K)-1990-2-2

MOHAMMAD HUSSAIN Vs. STATE

Decided On February 15, 1990
MOHAMMAD HUSSAIN Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The appellant was convicted under Section 304-A RPC and sentenced to 18 months rigorous imprisonment and a fine of Rs. 100/- and under Section 201 RPC to six months rigorous imprisonment mainly on the ground of his retracted judicial confession, which was stated to have been recorded by a Tehsildar, Executive Magistrate 1st Class, Rajouri under Section 164 of the Cr. P.C.

(2.) According to the prosecution it was alleged that on the intervening night of 23/24th of Feb. 1974 three daughters of Zamal Ali had gone to attend a marriage in the house of his daughter and on the morning of 24-2-1974 his two daughters returned home but the youngest namely Rafiga Bi did not turn up. Upon enquiry it was revealed that the deceased had not gone to join the marriage on the night of occurrence. Upon search her dead body was traced at a distance of about one furlong from her house with hands missing and her chest torn as if some animal had attacked and killed her. Proceedings under Section 174 of the Cr. P.C. were initiated at the initial stage. However after the receipt of some clue the appellant was apprehended with the allegation of causing the death of the minor girl on account of rashly and negligently handling the gun in his possession. The police filed the final report against the appellant under Section 302 RPC and after trial convicted and sentenced him for the offences as stated hereinabove.

(3.) I have heard the learned counsel for the appellant and perused the record.