MOHAMMAD ABAS Vs. STATE OF J&K

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order dtd. 18/6/2013 and 19/6/2013 respectively passed by the court of learned Principal Sessions Judge, Kishtwar (hereinafter to be referred as trial court) whereby, the appellant has been convicted for commission of offence under Sec. 302 RPC and sentenced to undergo rigorous imprisonment for life and payment of fine of Rs.5,000.00. The reference has also been made before this court in terms of Sec. 374 Cr.P.C for confirmation of sentence of life imprisonment.

(2.) The judgment of conviction and the order of sentence have been impugned on the grounds that the learned trial court has not appreciated the evidence in its right perceptive, more particularly, when the statements of two witnesses, namely, Parvez Ahmed and Manzoor Ahmed who were family members of the deceased have only deposed against the appellant. It is also stated that the learned trial court has not considered that no independent witness was examined and further no motive was either alleged or proved by the prosecution.

(3.) Mr. A. K. Shan, learned counsel for the appellant argued that there was no light on spot and as such, it was not possible to identify the assailants in the darkness as they were wearing masks. He further argued that the statements of Prosecution witnesses, namely, Manzoor Ahmed and Parvez Ahmed cannot be relied in view of inconsistencies in their statements and more particularly when they were related witnesses. He laid much stress that recovery of the weapon of offence has not been proved and also F.S.L report has not been proved by the prosecution. He also argued that the Investigating Officer has not been examined by the prosecution and it has further caused a dent in the prosecution case. Mr. Shan also submitted that the whole story of the prosecution is concocted as no motive had either been alleged in the charge sheet or proved during the trial.