GHULAM QADIR Vs. STATE OF J. AND K.

JUDGEMENT

(1.) Vide impugned judgment dated December 15, 2005 of learned Additional Sessions Judge, Reasi, appellant Ghulam Qadir (accused for short) stands convicted under Sections 302 and 323 of Ranbir Penal Code (RPC) and sentenced to undergo life imprisonment with a fine of Rs. 6,000/- under Section 302, RPC, in default thereof to further undergo imprisonment for six months and one year imprisonment with a fine of Rs. 1,000/- under Section 323, RPC, in default thereof to undergo further imprisonment for one month. Both the sentences, however, have been ordered to run concurrently. Aggrieved of the said conviction/sentence, he is before us through Criminal Appeal No. 48/2009. The sentence slapped by the trial Court has been sent for confirmation under Section 374, Cr. P. C. vide Confirmation No. 10 of 2009. Hence, both have been clubbed together for disposal.

(2.) Let us advert to the prosecution case in brief.

(3.) Nazira Begum is the deceased in this case. She was widow of one Barkatullah Shah. After his death, she married the accused and started living with him along with her two children, namely Hafiz and Tariq. Another son Yousuf was staying out. One Ghulam Qadir Jaral was instrumental in getting the deceased married to the accused. Accused was having the suspicion that a small child of 2-1/2 months was, in fact, from the liaison of aforesaid Ghulam Qadir Jaral and after the marriage also, the deceased was a frequent visitor to his house. Even on the date of occurrence also, she had visited him.