INZAR AHMAD Vs. STATE OF J&K

JUDGEMENT

(1.) Convicted for Culpable Homicide Not Amounting To Murder, Forming Unlawful Assembly In Prosecution Of Common Object, and Rioting, besides Criminal Trespass, the appellant-Inzar Ahmad, was sentenced to, five years' Rigorous Imprisonment and fine of Rs.1000/-, besides default sentence of one month under Section 304-11 RPC, three years' Rigorous Imprisonment under Section 148 RPC, two years' Rigorous Imprisonment and fine of Rs.500/-, besides default sentence of fifteen days under Section 4/ 27 Arms Act, one year's Rigorous Imprisonment under Section 324/149 RPC, and two months' Rigorous Imprisonment under Section 447 RPC, by the learned Sessions Judge, Poonch vide his Order of August 02,2005, pursuant to the conviction recorded vide his Judgment of August 01,2005.

(2.) He has filed this Appeal questioning his conviction and sentence.

(3.) The prosecution case against the appellant is that pursuant to a tiff between Mohd. Raqib and Fatima Bi, when the former was not permitted by the later to repair the Electric Line on 02.07.2000, the appellant along with Mohd. Azam, Mohd. Bashir, Mst. Fatima Bi, Shamim Akhter and Havela Khatoon, with common object to commit murder, trespassed the fields of Mohd. Raqib armed with deadly weapons at about 4.30 PM when Mohd. Hafeez Complainant along with his wife, daughter-in-law and Mohd. Raqib were busy weeding out grass from the maize crop sown in the fields. Inzar Ahmed was armed with a knife and Mohd. Azam with a Hoe, known as Rumbi. Inzar Ahmed hit Mohd. Raqib on the buttocks with the knife whereas Mohd. Azam hit Mohd. Hafeez on his head. Rest of the accused pelted stones and hit the complainant party with blows. The appellant and others fled away from the spot when they came to know that Mohd. Raqib had died because of the injury sustained by him in the occurrence.