RAMZAN DHOBI Vs. STATE

JUDGEMENT

(1.) Appellant Mohammad Ramzan Dhobi son of Ghulam Mohammad Dhobi resident of Harel, Handwara (hereinafter to be referred to as 'accused') after having been convicted and sentenced to imprisonment for life and a fine of Rs. 20,000/- for the charge of section 302 RPC and for imprisonment of 3 years under section 380 RPC vide impugned judgment dated 26.12.2012 handed down by learned Sessions Judge Srinagar has preferred Criminal Appeal No. 05/2013. The entire record has also been submitted to this Court by the learned trial Court for confirmation of the sentence as envisaged under section 374 Cr.P.C.. Hence, Cr. Reference No. 15/2012. The present incident is with regard to case FIR No. 101/2001 registered in Police Station Nishat for the offences punishable under sections 302/380 RPC. On 24.12.2001, the concerned Police swung into action on a written report lodged by PW Mohd. Maqbool Dar stating therein that his brother Abdul Rashid Dar (since deceased), who was residing in his own house at Muftibagh, Harwan with his family and was running a Bakery Shop at Shot Mohalla, was found murdered by some unknown persons in his rented shop during the intervening night as someone had struck something on his head. It was further stated in the said report that the personal servant of the deceased, who was with him in the shop, absconding and that the dead body of Abdul Rashid Dar was lying in the shop in a pool of blood. On this intimation, aforesaid formal FIR No. 101/2001 came to be registered and investigation started.

(2.) During the investigation, it surfaced that an amount of Rs. 10,000/- and a wrist watch of the deceased were also missing. The accused came to be arrested on 24.06.2003 from a Baker's Shop at Rangreth, who suffered a disclosure statement pursuant thereto a wrist watch of the deceased was recovered. Ultimately, the investigation culminated into presentation of the chargesheet against the accused for the aforesaid offences. He was accordingly charged and put to trial, which has ended in his conviction and sentence as referred to hereinabove.

(3.) PW Mst. Shamima is the wife of the deceased, who stated that on 19.12.2001, she went to Tral and came back to Srinagar on 20th of December and on the same day, accused came to their house at 4 pm and was served with Tea. Her husband was, however, not present at that time and the accused again visited their house at 7 pm in the presence of her husband and stayed overnight with them and in the morning, he and her husband went to the shop. She further stated that she had handed over an amount of Rs. 10,000/- to her husband for depositing the same in the bank account of their daughter which her husband kept with him. They did not resume their work on the second day and started their work on 3rd day and on 5th day, she had to go to her parental house on Idd invitation. As she had to go to Char-e-Sharif along with her brother-in-law and went to the shop to seek permission from her husband and when reached the shop, she found her husband dead and the dead body was in a pool of blood. Many people had assembled there but the accused had escaped. She then stated that wrist watch of her husband was missing and that the police arrived at the spot and the dead body was taken for conducting the post mortem but no money was found in the pocket of deceased. She further stated that accused was like her son and she used to wash even his clothes and that there were two other workers namely Bashir Ahmad and Ghulam Mohi-Ud-Din working in the Bakery shop of her husband and had gone to their respective homes on account of Idd Festival and the accused was the first one to return.