MOHD BAKSH Vs. STATE

JUDGEMENT

(1.) This appeal is directed against judgment of conviction dated 27.1.2010 and order of sentence dated 28.1.2010 recorded and passed by learned Sessions Judge, Ramban by virtue whereof the Appellant (hereinafter referred to as the accused) has been held guilty of offence u/s 302 RPC and sentenced to rigorous imprisonment for life and fine of Rs.10, 000/-; in default of payment of fine to suffer imprisonment for one year. Reference has also been made by learned Sessions Judge for confirmation of sentence. The Appeal and the Confirmation Reference were heard together.

(2.) Prosecution case, in brief, is that on 21.9.2005, the informant Farid Ahmed S/O Mohd. Hussain R/O Budhan Tehsil Mahore appeared before Abdul Majid- ASI of Police Station Gool, who was camping at Budhan, and gave verbal information that on 20.9.2005 at 11 AM, while he was proceeding from his Gharat (water-mill) to his home, he noticed the accused quarreling with Mst Rakhela Akhter W/O Mohd Mansha, beating her and dragging her inside the house. The informant claimed that when he rushed there, he found the door of the house latched. Upon unlatching of the door, he found Mst Rakhela Akhter lying dead. She had sustained injury on the back side of her head, which was bleeding. A blood-stained axe was lying near her body. The accused had escaped from the spot. He claimed that Muneer Hussein S/O Fateh Mohd and Jamal Din S/O Ali, who were called by him on spot, too had seen the occurrence. Husband of the deceased was out of station and there was no adult member of the family in the house. The information laid by informant Farid Ahmed was recorded by Abdul Majid, ASI and forwarded along with his docket to Police Station, Gool for registration of case. Based on the information emanating from informant Farid Ahmed, a case under FIR No.75/2005 for offence under section 302 RPC was registered at Police Station, Gool. ASI, Abdul Majid took up the investigation in hand. He seized the axe and the soil-both bloodstained and sealed the same. He also seized the dead body of Mst Rakhela Akhter and arranged its postmortem examination. The body of the deceased was later delivered to the family for last rites. He recorded the statements of witnesses and arrested the accused. The investigation disclosed that the accused was inimical towards his brother Mohd. Mansha on account of dispute relating to land. The accused had temporarily migrated to Dharmari. On 20.9.2005 when Mohd Mansha had gone to Thuru, the accused arrived in the house of Mohd Mansha, beat up Mst Rakhela Akhter and after dragging her inside struck her head with an axe resulting in her death. The accused closed and latched the door of the house and made good his escape. The investigation culminated in filing of charge-sheet against the accused for offence under section 302 RPC.

(3.) The case landed in the court of learned Additional Sessions Judge Reasi in pursuance of the committal proceedings conducted by learned Judicial Magistrate, Gool. The charges were framed against the accused for offence under section 302 RPC, to which he pleaded not guilty and claimed trial. prosecution adduced evidence at the trial, brief resume whereof is summarized as follows:- Prosecution Evidence