GHULAM MOHI Vs. STATE AND ORS.

JUDGEMENT

(1.) Challenge in this Criminal Revision Petition, is to the order of Learned Sessions Judge, Kulgam, dated 25th July, 2011, in case titled "State v. Abdul Razak Parray and ors." FIR No. 246/2009, Police Station, Kulgam, under Section 302,102-B RFC, whereby the Trial Court has granted bail to Shri Bashir Ahmad Bhat S/o Habib-Ullah Bhat R/o Kelam, Tehsil Kulgam respondent no. 3 herein, one of the accused facing trial on the afore-stated charge.

(2.) First, a closer look at the background facts.

(3.) On 19th September, 2009, a written report was lodged by Ghulam Mohi-Din Bhat S/o Habib- Ullah Bhat R/o Kelam, Kulgam petitioner herein, with Police Station, Kulgam, alleging therein that in the evening on the said date, Shri Abdul Razak Parray S/o Gula Ahmad alias Amma Parray, with 36 other accused all residents of Kelam, Kulgam, formed an unlawful assembly in the premises of local Jamia Masjid, and in furtherance of common object of the assembly, armed with lathies and stones attacked amongst others one Nawaz Ahmad Bhat, and in execution of the criminal conspiracy hatched prior to the occurrence, severely thrashed Shri Nawaz Ahmad Bhat with the intention to kill him and that the victim was injured due to murderous assault and breathed his last in the local hospital.