SATAR MIR Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by one Satar Mir who was convicted by the Sessions Judge Jammu, for offences under Sections 302, 307 and 397, R. P. C and sentenced to life imprisonment. His appeal to the High Court was dismissed. On the recommendation of the Board, leave to appeal to His Highness was granted, the High Court having previously refused such leave.

(2.) THE story for the prosecution presents some unusual features which induced the Board to entertain the appeal for a careful scrutiny of the evidence and the circumstances of the case.

(3.) IT appears that Lalman (P. W. 4) owns a Water Mill at Shonsh, Police Station Doda, which has been mentioned in the evidence as "garrat". He had allowed three brothers Habib, Ahmad and Sultan to work it for their own benefit without any liability to pay rent therefor. Sometime late at night between the 16th and 17th Jeth 2006, two of them, namely, Habib and Ahamdoo, were murdered outright and the third, Sultan, received serious injuries which left him in a state of unconsciousness. It seems that the assailant or assailants took him to be dead and left him in that condition. This tragedy happened in the single room in the Garrat which used to be occupied by the three brothers at night. The occurrence was not discovered till about the noon of the following day when Mst. Fazli (P. W. 3) the mother of the victims arrived at the Garrat and found her sons in the condition already stated. A blood-stained hoe was found lying nearby. According to her evidence Sultan was alive but in an unconscious state (Be-hal ). He did not utter anything at that time. She managed to send one Ahmad Lone (P. W. 7) to Lalman, the proprietor of the Garrat, to inform him of the tragedy. Lalman immediately sent word to Amarchand Nambardar (P. W. 6) and the Chowkidar Vid Lal (P. W. 5) conveying the news brought by Ahmad Lone. They immediately arrived on the scene of occurrence, Amarchand endeavoured to help Sultan recover consciousness by pursuading him to take a little milk. He succeeded in his effort and Sultan was able to speak in a few moments. He said that a Mir of Ladhwana had caused the death of his brothers and injuries to him. Thereupon Lalman and Vid Lal Chowkidar proceeded to make the first information report. The Police Station was at a distance of about 17-18 miles and it was not till the 18th Chet that the first information report was recorded. This document is a combination of a written information addressed to the Deputy Inspector, Police Station Doda, in the handwriting of one Hans Raj who figures as an attesting witness together with another person who likewise attested it. Underneath this written information appears the statement of Lalman in which it is stated that Ahamdoo and Habib who were his tenants were murdered at his Garrat and their brother, Sultan, had been seriously wounded. He went on to state that according to Sultan a certain Mir of Ladhwana, whose name was not known, had committed the murders and caused injuries to him (Sultan ). At a further description it was stated that the assailant had worn some black clothing made of Patoo. At the end of Lalman's statement there is an obscure passage in which it is stated that enquiry had been made in the presence of the Lambardar, Amarchand, and the Chowkidar and "the statements are appended hereto". It is not stated whether these are the statements of the Lambardar and Chowkidar or the substance of what Sultan had stated in their presence. No such statements were referred to in the Courts below and the point does not seem to be of any importance.