GH HASSAN PANJARA Vs. STATE

JUDGEMENT

(1.) FOUR persons, namely, Abdul Rehman, Ghulam Hassan, Fayaz Ahmed and Ali Mohammed were arrainged before additional Sessions Judge, Srinagar, to stand their trial for offence under sections 302 and 452 read with sec. 34 R. P C. for "having committed the murder of one Maqbool Sheikh on the morning of 31st December, 1979, at Shampora, Khanyar. Since Fayaz Ahmed was a child within the meaning of the Children Courts Act, his Case was sugregated from the rest, and we are told that he is being sep -rately tried for the aforesaid offence under the said Act. The learned Addl. Sessions Judge on the conclusion of the trial, has eventually found all the three appellants, namely, Abdul Rehman, Ghulam Hassan and Ali Mohammad guilty of having murdered Mohd. Maqbool and has convicted them u/s 302 read with Sec. 34 R. P. C. and sentenced Abdul Rehman to death and a fine of Rs. 1,000/ - indefault whereof to suffer further rigorous imprisonment for a period of two years. He has sentenced Ghulam Hassan and Ali Mohammad to imprisonment for life and a fine of Rs. 1,000/ - each indefault whereof to suffer rigorous imprisonment for a further period of one year each. The appellants have challenged their conviction and sentence by virtue of an appeal. Alongside, the Addl. Session Judge has also made a reference to this court for confirmation of the sentence of death and imprisonment for life imposed upon the appellants. This judgement will govern the disposel of both the appeal as well as the reference.

(2.) ON 31 -12 -1970 at about 8 A.M., as the prosecution story goes, the appellants alongwith Fayaz Ahmad entered the house of P. W. Ghulam Qadir Khan where Mohamad Maqbool was working as an apprentice. They went into the room where he was working and closed it from inside Whereas Fayaz Ahmad and Ali Mohammad caught hold of Mohd. Maqbool from his legs, the other two appellants, namely, Abdul Rahman and Ghulam Hassan who were holding knives in their hands inflicted injuries with them on his head and neck, Mohd. Maqbool shouted for help which attracted the attention of Mst. Misra, wife of Ghulam Qadir Khan who consequently raised an alarm. On hearing her cries Ghulam Qadir Khan immediatly rushed to his house. He found the room closed from inside, but he broke it open and both of them, namely. Ghulam Qadir Khan an his wife Misra saw Fayaz Ahmed and Ali Mohammad catching hold of Mohammad Maqbool from his legs, and Abdul Rahman and Ghulam Hassan inflicting knives blows on his person. On sustaining the injuries Mohammad Maqbool started bleading profusely. He was rescued by them with the help of a few others and was removed hospital. On reaching there, his dying declaration Ex. PW 29/A was recorded by Ghulam Mohammad Wani, the Divisional Officer Now hatta in presence of the Medical Officer Dr. Mr. Farooq. The police swung into investigation recorded the statement of the two eye witnesses, namely Ghulam Qadir Khan and Mst. Misra also produced before the police, the knife which Ghulam Hassan was holding his hand and which he had left their after the ocurance. The other knife was also recovered from the possession of Abdul Rahman near two weeks after the date of the occurrence. Blood stained clothes the deceased and blood stained earth from the place of occurance were also seized by the police. Mohammad Maqbool, however, succumbed to the Injuries about 2 P. M. on the same day. The dead body was autopsied by Dr. Khurshid. The weapons of offence, namely the two knives the clothes of the deceased and the blood stains earth were sent for chemical examination. The Seriologist of India opined that the two knives were stained with human blood belonging to Group B. He also opined that the clothes of the deceased were also stained with human blood belonging to Group B.

(3.) ON completion of the investigation, the police put up challenge against the appellants, During the course of the trial the prosecution examined a number of witness, namely, Mst. Atiqa was also examined on behalf of the appellants. On consideration of the evidence, the learned Addl. Sessions Judge eventually found their guilty and convicted and sentenced them as already indicated. In convicting them he relied upon the ocular testimony of PWs Ghulam Qadir Khan and Misra Begum, the dying declaration made by the deceased before Gh. Mohammad wani, the Divisional Office as also to some other persons while he was being taken from the house of the complainant to the hospital and in the hospital itself recovery of the weapons of offence from the appellants and the medical evidence furnished by P W. Dr. Mir Farooq.