NAZIR AHMAD GANIE Vs. STATE OF J&K

JUDGEMENT

(1.) Appellant, Nazir Ahmad Ganie, has filed the instant appeal against the judgment of conviction dtd. 9/5/2015 and the order of sentence dtd. 23/5/2015 passed by learned Principal Sessions Judge, Pulwama, whereby he has been convicted of offence under Sec. 304 Part II of RPC and in proof of the said offence, he has been sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.1.00 lac. In default of payment of fine, the appellant has been directed to undergo further imprisonment of one year.

(2.) As per prosecution case, on 16/8/2011, PW (9) lodged a written report with SHO, P/S Pulwama, alleging therein that at about 9.00 am, when his son Danish Farooq alias Umar Farooq was on his way to school, he was attacked by accused persons, including the appellant herein, with clubs. It was alleged that as a result of this attack, the deceased received fatal injuries and that all the three accused had hatched a conspiracy to kill the deceased.

(3.) FIR No.25/2011 for offences under Sec. 302, 34 RPC came to be registered with Police Station, Pulwama, and investigation of the case was set into motion. After investigation of the case, it was found that the appellant along with co-accused Gh. Ganaie and Maqbool Ganaie caught hold of deceased Danish Farooq and he was given beating by kicks, fists and hands. It was also found that the appellant, who was armed with a club, gave a blow on the head of the deceased with an intention to kill him, as a result of which the deceased fell down and died on spot. Thus, offences under Sec. 302/34 of RPC were found established against the appellant and other two co-accused and the challan was laid before the trial court. The charges for the aforesaid offences were framed against the accused, including the appellant herein and they were put on trial.