ALI SHAN Vs. STATE

JUDGEMENT

(1.) SATAR Shan and Ali Shan were committed to Sessions to stand their trial under Section 302, R. P. C. The charge against them was that they had committed murder of one Ama Bhat. The learned Sessions Judge Srinagar convicted Ali Shan under Section 302, R. P. C. and sentenced him to life imprisonment. Satar Shan was acquitted. All Shan has now come up in first appeal to this Court.

(2.) THE prosecution story is that Ali Shan and Ama Bhat deceased carried on a Joint business along with some others. They went to Batote side to purchase some cattle after having borrowed a sum of Rs. 1500/- for this purpose. A considerable portion of this amount is alleged to have been looted from them by some people. On arrival back in their village; they met together to discuss how best to distribute the loss amongst the partners. For this purpose they even held a Panchayat. Ali Shan refused to bear any loss in the business with the result that his relations with Ama Bhat deceased became very strained. The prosecution adds that Ama Bhat swore vendetta on Ali Shan which upset him very greatly and in order to escape the consequences Ali Shan and Satar Shan killed Ama Bhat. After four or five days of holding the Panchayat, Abdul Karim P. W. saw a headless body lying in a nearby field. He informed the villagers who repaired to the place and identified the body as that of Ama Bhat. Information was sent to the police. The police Sub-inspector Ramchand arrived on spot and started investigation. His first anxiety, as he tells us, was to recover the head, and he went in search of it. Ali Shan who was working at that time in his field was seen by the Sub-Inspector wearing a shirt and a waist coat which had blood stains upon them. The Sub-Inspector started interrogating him, seized the shirt and the waist coat and recovered a coat and a chaddar belonging to the deceased at the instance of the accused which were lying buried underneath sand and stones. Head also, it is said, was recovered at the instance of Ali Shan from a place where it lay buried. Some other recoveries such as that of a sword etc. , were made. The accused is also said to have made a confession on 20th Jeth 10. The body was sent for post mortem examination and the following injuries were found on the head and body of the deceased:

(3.) THE doctor was of the opinion that injuries on the head of the deceased could have been caused by the sword that was recovered from the house of the accused.