BARKAT ALI Vs. STATE OF J AND K

JUDGEMENT

(1.) Barkat Ali S/o Bali Mohd., aged 30 years; Mohd. Sadiq S/o Jammu, aged 35 years; Mohd. Iqbal S/o Bali Mohd., aged 30 years; Mehandia S/o Haji Lal, aged 40 years; and Sain S/o Haji Lal, aged 80 years, all residents of village Morha Dandli, Tehsil Mahore, District Udhampur; after having been convicted for the offences punishable under Sections 302/436/307/120-B RPC vide impugned judgment of learned Sessions Judge, Udhampur dated 18.10.2006, are before us through Cr. Appeal No. 18/2006. It needs to be mentioned here that in the memo of appeal, Appellant-Sain has been shown to be resident of a different village i.e. Budhan Harri Wala, Tehsil Mahore, District Udhampur.

(2.) All the aforesaid Appellants have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/- each under Sections 302/120-B RPC, in default thereof, to further undergo rigorous imprisonment for one year each; seven years' rigorous imprisonment and a fine of Rs. 5,000/- each under Sections 436/120-B RPC, in default thereof, to further undergo rigorous imprisonment for one year each; and seven years' rigorous imprisonment and a fine of Rs. 5,000/- each under Section 307/120-B RPC, in default thereof, to further undergo rigorous imprisonment for one year each. However, all the sentences have been ordered to run concurrently. Sentence imposed upon them has been sent to this Court for confirmation by the trial Court under Section 374 Code of Criminal Procedure Hence Criminal Reference No. 03/2006.

(3.) It would not be out of place to mention that other persons namely Hussain S/o Haji Lala, Gulabu S/o Wali, both residents of Dandli, Ghulam Ali S/o Haji Lala (declared as terrorist), Hussain & Muneer both sons of Ghulam Ali, residents of Hariwala, Danish S/o unknown and Abrar S/o unknown (declared as terrorists) were also shown to be involved in the occurrence alongwith other thirty/thirty five assailants (whereabout not known), but as the aforesaid persons could not be nabbed by the police, proceedings against them were initiated under Section 512-Code of Criminal Procedure. This is how the aforesaid five Appellants only have faced the trial.