RAMZAN GANAI Vs. STATE

JUDGEMENT

(1.) THE appellants, Ramzan Ganai and his two sons Bashir Ganai and Khazir Ganai, have been convicted by the learned Sessions Judge, Anantnag, under Section 302, R. P. C. and sentenced each to life imprisonment. By this appeal, the appellants challenge their conviction as also the sentence imposed on them. The learned Sessions Judge too has made a reference for confirmation of the sentence of life imprisonment. This judgment will govern the disposal of both the appeal and the reference.

(2.) BRIEFLY stated, the prosecution story is as follows: On 14-9-1971, late in the evening, Abdullah Ganai prosecution witness, was carrying food for his uncle. Hassan Ganai, who was keeping watch over his orchard in village Chatta Wattan, Tehsil Sho-pian. Enroute, when he reached near the orchard of the appellants, they intercepted him and dragged him into their orchard and there gave him a beating. Abdullah Ganai raised hue and cry which attracted his father, Qadir Ganai, deceased, and his uncle, Hassan Ganai, to the spot with a view to rescuing him from the appellants. The appellants immediately caught hold of the deceased and started beating him mercilessly. Ramzan Ganai dealt a severe blow with a Danda on the head of the deceased which injured him and brought him down senseless on the ground. At the trial it was, however, pleaded that the deceased remonstrated with the appellants against their action in beating up his son. The appellants retorted angrily that they were waiting for him and immediately rushed towards him. Bashir held him by his collar while Khazir held his arms and Ramzan dealt a Danda blow on his head so severely that he fell down instantaneously and was thereafter beaten with their sticks by Bashir and Khazir till he was senseless. Meanwhile several persons namely Rama Dar, Hassan Malla, Majid Ganai and Rama Ganai had also reached the spot and witnessed the assault on the deceased. The deceased was immediately carried on a cot to police station Shopian where a report of the occurrence EXPA was simultaneously lodged by Abdullah Ganai at 5-30 A. M. on 15-9-1971. The police sent the injured to the hospital where he eventually succumbed to the injuries during the night on the same day. According to the report EXPA the motive for the offence was that the deceased had planted walnut trees in Abadi Deh land in village Chatta Wattan which the appellants did not like and which drove them often to pick up quarrels with the deceased and to look after an opportunity to cause harm to him. Before the Sessions Judge, it was, however, pleaded that Ramzan Ganai had property dispute with his brother, Muma Ganai, in which the deceased had sided with Muma Ganai, who was his brother-in-law. On this account, it was further pleaded, the appellants nursed spite and ill-will against the deceased.

(3.) THE appellants denied having committed the offence. Their case was that on the alleged night of occurrence two of them namely, Bashir and Khazir, and their younger brother, Rehman, were keeping vigil over the fruits in their orchard; that at about midnight these three persons found Abdullah Ganai stealing the fruits from the orchard; that they, therefore, apprehended him and made him to sit under the shed in the orchard; that Rehman went to call his father, Ramzan Ganai, who came to the spot along with one, Qadir Ganai S/o Shaban Ganai; that a word went round in the village meanwhile that Abdullah Ganai was caught red-handed stealing the fruits; that this brought the deceased and several others with him namely Rama Dar, Hassan Ganai, Majid Ganai and Rama Ganai to the spot; that they came armed with lathis and assaulted the appellants and also broke their lantern; that the deceased even caused injury to Ramzan Ganai; that in the melee, which ensued amidst darkness, one of the stick blows from his companions hit the deceased and injured his head; and that the death of the deceased was attributed to the appellants on account of the ill-will borne by the complainant party against them due to a land dispute.