SHABIR AHMED TELI Vs. STATE

JUDGEMENT

(1.) IN all four accused have been tried under sections 302/341/109/201 RPC and 7/25 Arms Act. Appellant Shabir Ahmad Teli accused has been convicted for the offence of culpable homicide amounting to murder of one Gani Shah and sentenced to life imprisonment under section 302 RPC. The other three accused are acquitted of the charge for offences under sections 302/109 RPC. Against the judgment/order of conviction/sentence, life convict Shabir Ahmad Teli, has filed appeal and the trial court of District and Session Judge, Anantnag has made reference for confirmation of imposed sentence of life imprisonment under Section 374 Cr.P.C.

(2.) PROSECUTION case in brief is that on 6.8.1997 at about 8.30 P.M. the deceased Gani shah was on way to his home, after offering Isha prayers at the local Mosque in village Magray -pora of Tehsil Anantnag. Accused Shabir Ahmad Teli intercepted him on the lane, just outside his kitchen and after taking aim on him fired several shots from the gun which he was carrying. Gani Shah was hit and received gun shot wounds. He succumbed to the injuries. His wife and son, as also people who gathered around, lifted him physically and he was taken inside the house. The motive for the crime is stated to be eagerness and fondness of accused to many deceased daughter ËœLovelyâ„¢ and the deceased and his daughters refusal to accept marriage proposal from the accused.

(3.) ON the next morning of the night following the incident, that is early 7.8.1997, Ghulam Rasool Shah Chowkidar of the village learnt that Gani Shah had been killed. He alongwith ËœLumberdarâ„¢ of the village, one Mohammad Ahsan Dar, reported matter to the concerned police station at Achabal. A case was registered at the police station. The offence/crime was in vestigated and final report (challan U/s 173 Cr.P.C.) was filed against the accused Shabir Ahmed Teli before Chief Judicial Magistrate Anantnag, who committed the case to Session Court at Anantnag. Accused Shabir Ahmed Teeli was charged for commission of offences under Sections 302/341/201 RPC read with Section 7/25 Arms Act. Accused pleaded not guilty and case was set for prosecution evidence. Before the evidence could be received/recorded, Public prosecutor at the Sessions Court filed an application for further investigation of the case under section 170(8) Cr.P.C. After objections were invited and matter considered, the application for further investigation was allowed. On such investigation a supplementary report was submitted to the court by the Investigating agency against other three accused viz., Manzoor Ahmad Wagay, Nazir Ahmad Hajam and Shabir Ahmad Hajam. These accused were charged for commission of offences under section 302/341201/109 RPC and 7/25 Arms Act. These accused also entered a plea of no guilt.