BASHIR AHMED MIR Vs. STATE

JUDGEMENT

(1.) ACCUSED (appellant and respondents of the two appeals) were tried under Section 302, 148, 447 and 149 IPC in the court of 3rd AdditionalDistrict and session Judge, Srinagar on charges on murder, criminal trespass ans roiting resulting in death of Abdul Rashid Bhat son of the complainant at Bugam. Accused Bashir Ahmed Mir was convicted after being found guilty of having caused death of Abdul Rashid Bhat with the Knowledge that his act of hiting deceased's head with 'yatferi' was likely to cause death and sentenced under Section 304(2) RPC to six years rigrious imprisonment and fine of Rs. 2000/ - (in default to further undergo 40 days simple imprisonment). All other accuseds were acquitted. This order of conviction/ acquittal dated 23.7.98 and order of sentence dated 24.7.98 are under challange in these appeals. The convicted accused Bashir Ahmed Mir has challanged his conviction and sentence, as above and the State Government has appealed against acquittal of the other accused.

(2.) THIS challange is to the common judgement of acquittal and conviction and order of sentence. The matter is heard and this appellate court judgement shall govern both the appeals as common question of fact and law arise in these appeals.

(3.) MR . Gh. Mustaffa, GA submits that the evidence has not beencorrectly evaluated and appreciated. The guilt of the accused is proved by the occular evidence. As many as 14 witnesses have deposed against accused. Conviction of accused Bashir Ahmed Mir under Section 304(2)RPC while acquitting the rest of the accused is against the facts, as established on evidence. The occurance and complicity of the accused is proved by oral evidence supported by medical evidence and other circumstances appearing on record. The appreciations of the evidence is faulty. Due weight has not been attached to the evidence tendered by independent witnesses. The common object as also the trespass and roiting on the part of the acquitted accused is established on record. The case has been proved beyond reasonable doubt by the evidence of the quantity and quality warranted under law.