GH. MOHAMMAD BHAT Vs. STATE AND ORS.

JUDGEMENT

(1.) On 24.8.2008, Shri Mehboob Hamid Dar, his two brothers Mohd. Umar Dar and Mohd. Imran Dar and one Tazakur Majid Lone allegedly attacked and mercilessly beat Shri Farooq Ahmed Bhat S/O Gh. Mohd. Bhat R/O Aloosa, in order to eliminate him and in furtherance of the common object, Mehboob Hamid Dar, stabbed the victim, resulting in his death on spot. The victim was attacked by the accused party as he on the previous day, had reprimanded Shri Mehboob Dar for making indecent overtures/advances to Miss Asmat D/o Bashir Ahmed Bhat, relation of the victim. The occurrence led registration of case FIR 177/2008 at police station Bandipora.

(2.) The investigation in case FIR No.177/2008 under Sections 148, 149, 302 RPC culminated in charge sheet presented against Mohammad Umar Dar S/o Abdul Hamid Dar, Mohammad Imran Dar S/o Abdul Hamid Dar (respondents 2 and 3 herein). Mehboob Hamid Dar S/o Abdul Hamid Dar and Tazakur Majid Lone S/o Abdul Majid Lone, all residents of Lakhipura, Aloosa, Bandipora, presented in the Court of Chief Judicial Magistrate, Bandipora on 20.11.2008. The case was committed to the Court of Sessions, Bandipora in terms of Sec. 205-G of Cr.PC on the day of presentation of charge sheet/challan itself.

(3.) The accused Mohammad Umar Dar and Mohammad Imran Dar (respondents 2 and 3) on 18.12.2008 filed an application before learned Sessions Judge, Bandipora stating therein that as they were juveniles within the meaning of the Jammu and Kashmir Juvenile Justice Act, 1997 (herein after called the Act), they were to be tried separately in terms of the Act.