STATE Vs. GANI BHAT

JUDGEMENT

(1.) Respondents-accused have been tried in Session's Case 19 of 1984 by District and Sessions Judge. Anantnag, on charges of culpable homicide amounting to murder, criminal trespass house breaking, rioting and causing simple injuries as members of unlawful assembly u/Ss. 302, 147, 148. 149. 323, 447 and 452, R.P.C. The trial Court on conclusion of the trial convicted two accused- respondents-Gani Bhat and Bashir Bhat u/S. 326 read with S. 34, RFC and acquitted them of all other charges. The two accused have been sentenced to nine months simple imprisonment and a fine of Rs. 5000/ - each and in default of payment of fine the accused are ordered to undergo further simple imprisonment for a period of two years. The fine is ordered to be paid to the widow or legal representatives, (as the case may be) of the deceased by way of compensation. The other three accused have been acquitted of the charge. This order of conviction and sentence has been passed on 31-3- 1998.

(2.) This conviction, and sentence and acquittal is challenged in this appeal by the State of J & K. The two accused convicted and sentenced as above have not preferred any appeal.

(3.) On 29-4-1984 at village Shorat, Tehsil Kulgam parties (who happen to be relatives residing close-by to each other) called Ahli Bradari (village elders) for a meeting to go into and settle accouncs between parties over some money matter. The meeting was held in the house of deceased-Mohd. Shaban Dar. Besides others it was attended by Gani Bhat and Naba Bhat from accused side and the deceased. During the course of the meeting parties exchanged hot words and raised their voices. Gani Bhat emerged out of the meeting room followed by his brother Naba Bhat. No sooner he reached the 'Sahankhanah,' where their other two brothers Yousuf Bhat and Bashir Bhat with sister Hafiza were waiting to hear about the outcome of the meeting. Gani Bhat, asked his brothers to fetch the weapon, so that he could do away with the deceased-Mohd. Shaban Dar and teach lesson to him and his family. Bashir Bhat went away to return after a while with 'DRATH' and 'AXE,' Bashir Bhat kept drath to himself and gave axe to Naba Bhat. In the meanwhile, deceased-Shaban Dar had also come out of the room and was on the make-shift ladder. Gani Bhat gave him a stick blow on his head while Bhasir Bhat hit him on his face with 'drath' and caused injury on his nose and eye. The accused are stated to have also bet deceased's sons Gh. Mohi-ud-din Dar, Mohd. Iqbal Dar and Maqsood Dar besides, entered the deceased's kitchen to beat and injure Mst. Hajra deceased's wife. Injured Mohd. Shaban Dar was taken first to Hospital at Kulgam after the first information report (Expw 1/1) was lodged by deceased's son Gh. Mohi-ud-din Dar with P/S. Kulgam. The deceased was referred to District Hospital, Anantnag and from there he was referred to and hospitalized in SMHS (ENT Ward) at Srinagar where he ultimately died on 14-5- 1984.