MOHD. ASHRAF WANI & ANR. Vs. STATE

JUDGEMENT

(1.) The present three appeals, two filed by the accused against their conviction for various charges, one by the State against their acquittal for the charge of section 149 RPC along with Criminal Reference have been assigned to me by Hon'ble the Chief Justice in terms of Section 429 Cr.PC for my opinion as the third Judge as the Division Bench of this Court while hearing Criminal Appeals has given split view, inasmuch Brother Sunil Hali-J, has partly allowed both.the criminal appeals filed by the accused whereby modifying the conviction slapped upon accused Mohammad Ashraf Wani and Ali Mohd Dar from Section 302 RPC to Section 326 read with 149 RPC, consequently held accused, namely Mohd Ashraf Wani, Ali Mohd Wani, Reyaz Ahmed Wani, Ali Mohd Dar and Mohd Yousuf Wani guilty u/ss 326/307 RPC read with Section 149 RPC and sentenced them to undergo imprisonment for six (6) years. With regard to other accused, their conviction under sections 426/336/341/323 RPC as recorded by the learned trial Court is upheld. Consequently, Criminal Acquittal Appeal No. 01/2005 filed by the State is also partly allowed to that extent.

(2.) While disagreeing with the view of Brother Hali-J, with regard to accused Mohd Ashraf Wani and Ali Mohd Dar, Brother H. Imtiyaz Hussain-J (now retired), has upheld their conviction as already recorded by the learned trial Judge for the offences punishable under sections 302/426/336/341 and 323 RPC, as such dis missed Criminal Appeal No. 7/2004, whereas agreed with the finding recorded by Brother Hali-J with regard to the other accused persons, Criminal Acquittal Appeal No. 1/2005 has, thus, been allowed by Brother Hussain-J to the extent that convic tion of the accused shall be read with the aid of Section 149 RPC as held by Brother Hali-J.

(3.) There are as many as thirteen accused in this case who vide impugned Judgment dated 25-09-2004 of learned Sessions Judge, Budgam stand convicted and sentenced for various offences in the following manner: