MOHD. MAQBOOL Vs. STATE OF J&K

JUDGEMENT

(1.) Appeal at hand has been given priority for its final consideration over other Criminal Appeals against conviction for the reason that all the four appellants-convicts are languishing in jail for the last more than thirteen (13) years. In all, five accused were booked in this case, namely Mohd. Maqbool, Sharief-ul-din, Gayas-u-din, Mohd Maqsood all sons of Rustam Khan and one Parvez Ahmed alias Shah Nawaz son of Mohd Maqbool. Case of Parvez Ahmed was segregated as he was found to be a Juvenile offender.

(2.) We have been informed that accused Parvez Ahmed already stands acquitted by the Court concerned. The present appeal is, thus, filed by four appellants (hereinafter to be referred to as 'accused') after they stand convicted and sentenced for the charge of sections 302/307/449/148 IPC read with section 149 IPC vide impugned Judgment dated 17-02-2009 of learned Sessions Judge, Reasi.

(3.) Accused Mohd Maqbool, Sharief-ul-din and Gayas-u-din have also been held guilty for the commission of offence under section 7/27 Arms Act. The sentences slapped upon them are as under:-