NIZAM-UD-DIN AND ORS. Vs. STATE

JUDGEMENT

(1.) THESE are two separate appeals, one by Moh'd Yusaf and the other by Nizam - ud - Din, Mehanda alias Moh'd Khan and Saida against their convictions under Sections 302 and 201 R.P.C. and the sentences passed thereunder by the Additional Sessions Judge of Poonch. The accused were put on trial for the murder of Khadaim Hussain, Forest Guard on 5th Chet 2018 corresponding to 18 -3 -1962 and for causing the evidence of the commission of that offence to disappear. The accused denied the charges and pleaded not guilty. After considering the evidence the learned Additional Sessions Judge convicted Moh'd Yusaf accused under Section 302, R.P.C. and sentenced him to death and a fine of Rs. 200/ -. He was also convicted under Section 201, R.P.C. and sentenced to undergo two years' rigorous imprisonment. The other accused were convicted under Section 302, R.P.C. and sentenced to imprisonment for life and a fine of Rs. 200/ - each. They were also convicted under Section 201 R.P.C. and sentenced to two years' rigorous imprisonment each. The sentences of imprisonment were ordered to run concurrently,

(2.) BRIEFLY put the story for the prosecution is as follows: Khadim Hussain deceased was the sister's son of Moh'd Yusaf accused. He was married about two years before the date of occurrence to one Gul Begum, daughter of Zahur Hussain. The deceased was very friendly with his maternal uncle and used to visit his place frequently. He developed illegal intimacy with Amrit Bano daughter of his maternal uncle. Moh'd Yusaf was a poor man and did not do any work for his living except that he dispensed some medicines and practised sorcery. He had some disciples who used to learn the art of sorcery from him. Moh'd Shafi, approver, Nizam - ud - Din, Saida and Mehanda accused were learning sorcery from Moh'd Yusaf accused. It is alleged that Moh'd Yusaf felt insulted on hearing about the illicit relations which developed between the deceased and his daughter. Moh'd Yusaf had already borrowed Rs. 500/ - from the deceased which he had not paid to him in spite of his demands. He had promised the deceased that he would get his daughter divorced from her husband and give her in marriage to the deceased.

(3.) PETECHIAL haemorrhages and Ecchymosis over an area 3" x 11/2" on lateral and diaphragmatic surface of right lower lobe of lung.