SAMAD MALIK Vs. STATE

JUDGEMENT

(1.) Samad Malik has been found guilty of the murder of one Wali Mir s/o Jabban Mir resident of Pandit-Pura, Tehsil Handwara and under S. 302, Ranbir Penal Code, has been sentenced to death. He has appealed against his conviction and sentence and the case is also before the Court for confirmation of the sentence.

(2.) The facts of the case are given in great detail in the judgment of the Learned Sessions Judge and need only be briefly recaptulated here.

(3.) Wali Mir deceased was the son of Jabbar Mir. The accused Samad Malik is the son-in-law of Jabbar Mir. He was made Khana Damad and was residing in the house of his father-in-law Jabbar Mir who had executed a document in his favour by which he had given him half share in his immoveable property. Jabbar Mir died during winter of S. 2008. Samad Malik was away in the Punjab at the time of the death of his father-in-law. On hearing the news of his death he returned home. He asked for his half share in the immoveable property left by Jabbar Mir but his mother-in-law, Mst. Farzani, refused to give him share in the land and wanted to retain the whole of land for her son, Wali Mir deceased. The matter was referred to the Panchayat and the members of the Panchayat decided that Samad Malik should get half share in the house, the Kothar and the vegetable garden and should not demand any share in the land left by Jabbar Mir as he had already got some land from his own father. It is alleged that Samad Malik accepted the award given by the Panchayat and agreed to have a share in the house and the Kothar only. It is further alleged that for some time he was not willing to cultivate the land belonging to his father-in-law but at the insistence of his mother-in-law he cultivated the land. On the 3rd of Jeth 2009 he asked his mother-in-law to allow Wali Mir, her son, to accompany him so that they may both go to the fields and take the woods out. Wali Mir accompanied Samad Malik and they both went to the fields. After some time Samad Malik came back alone. He asked his mother-in-law as to where Wali Mir was. She replied that he should know better as Wali Mir had gone with him. The mother began to search for the boy and she asked some neighbours also to look for the boy. The accused Samad Malik, it is alleged, told his mother-in-law that a Fakir had taken fancy to the boy and he might have gone with that Fakir. The villagers began to search for the boy but could not trace him. On the 5th of Jeth the accused is alleged to have confessed before Ahad Gansi, the Deh president and Khawaja Rasul Numberdar that he had murdered the boy and had drowned him in the river. On the 6th a report was lodged in Thana Handwara.