FAROOQ AHMAD Vs. STATE OF JAMMU & KASHMIR

JUDGEMENT

(1.) Appellant-Farooq Ahmad was convicted for the commission of offence punishable under Sec. 302 RPC for committing murder of one Abdul Qayoom S/O Ghulam Rasool Sheikh R/O Sartingal, Tehsil Bhaderwah on 14/11/2002 in the wee hours, by the court of learned Sessions Judge Bhaderwah vide judgment dtd. 8/7/2014 and was sentenced to rigorous imprisonment for life and fine of Rs.5000.00, and in case of default of payment of fine he was ordered to undergo further simple imprisonment of two months.

(2.) The First Information Report (FIR) was received at the Police Station Bhaderwah at 7.00 AM on 14/11/2002, from reliable source that some unknown terrorists armed with weapons entered the house of one Abdul Qayoom at Sartingal Bhaderwah and fired indiscriminately killing him on spot. On the basis of this report a case was registered vide FIR No.126/2002 for the commission of offences punishable under Ss. 302/460/121-A RPC and 7/27 Arms Act and the investigation was entrusted to ASI Anzer Ahmed. After investigation of the case, the charge-sheet was laid for the aforementioned offences on 20/9/2003 before the court against Farooq Ahmad, Mohd. Ashraf and Mohd. Sidiq in their absence and was consigned to records vide order dtd. 11/11/2003. The proceedings were, however, revived on 8/7/2009 when one of the accused Farooq Ahmad was apprehended and produced before the court, whereas, the other two accused were reported to have been killed in an encounter with the security forces.

(3.) The appellant-accused Farooq Ahmad was charge-sheeted for the commission of offences punishable under Ss. 302/460 RPC and 7/27 Arms Act on 10/8/2009 by the trial court, who denied the charge and prosecution was directed to lead evidence. The prosecution, in order to prove its case to bring home the charge against the appellant-accused, examined 11 witnesses out of 16 cited prosecution witnesses.