MOHD YOUSAF Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) The appellant-Mend. Yousaf Katoch sent up for trial to face the charge for offence under Section 302, R.P.C. was convicted and sentenced to life imprisonment and a fine of Rs. 25,000/- for having caused the murder of Mohd. Yousuf son of Mohd. Ibrahim, teacher, Government High School Pogal, in the school premises on 6- 12-1996 in broad day light, by the Additional Sessions Judge, Ramban, vide his judgment and order dated 30-4-1999. Against this judgment and order of conviction/sentence, the appellant has preferred criminal appeal No. 10/1999 to impugn its correctness.

(2.) The prosecution case can be compendiously stated thus. The appellant-Mohd Yousaf Katoch son of Ghulam Qadir Katoch, ex-army rnan, armed with his licensed 3.15 bore Rifle entered the premises of the school when the school staff and other teachers were busy in the 'Verandah' of the school in framing the time table at 12 O'clock on 6-12-1996, shouting in loud voice that the deceased had illicit relation with his wife and headmaster has not paid any heed to his grievance despite a complaint made to him and would not spare the deceased. Mohd. Yousaf, teacher, was also on duty in the school, started proceeding towards 'Verandah' at fast pace with the help of his stick as he was physically handicapped by both of his legs polio stricken. The accused also reached the 'Verandah', aimed at the de- ceased-Mohd Yousaf and fired upon him from his rifle, which hit the deceased on his back, as a result of which he fell down on the ground and started bleeding profusely. The accused thereafter proceeded towards the dead body of the deceased and started kicking the body to ensure that the deceased has died. The accused 'thereafter left the school after the occurrence. A verbal report to this effect was lodged by Ghulam Mohd. peon of the school, detailed by the Headmaster to Police Post Ramsoo, on the basis of which a case under Sections 302/452, RFC and 3/25, Arms Act stood registered against the appellant. The police reached to the scene of occurrence on 7-12-1996, took over the possession of the dead body of the deceased and sent it for post-mortem examination to Ukhral Hospital. After the postmortem examination, dead body of the deceased was handed over to his heirs. The accused was arrested by the police and rifle 3.15 bore along with one empty cartridge case was seized from his possession on 7-12-1996. On the conclusion of investigation, the challan was finally presented in the Court below against the appellant to stand his trial for alleged offence under Section 302, RFC and the trial Court after conducting trial found him guilty of the offence charged and sentenced him accordingly.

(3.) Mr. Sakal Bhushan, learned counsel appearing for the appellant, argued that the prosecution case suffers from glaring defects and the evidence relied upon by the prosecution does not warrant the conviction because the written report about the occurrence stated to have been written by P. W. Mohd Hussain Deng-Headmaster and sent to the police post Ramsoo through Ghulam Mohd-Peon, is missing and no plausible explanation has been tendered by the prosecution. He further stated that Mohd. Yousaf deceased was stated to be a crippled by both of his legs being polio stricken and could only walk with the help of stick but neither the stick nor the Chapel of the deceased has been seized by the investigating officer. That the coat, shirt and shalwar of the deceased were sealed and kept in the packet but the Shalwar was missing and the Forensic Science Laboratory did not find the Shalwar on opening of the sealed packet, which shows that the packet was tampered before it reached the F. S. L. for chemical analysis which causes a serious doubt about the occurrence as unfolded by the prosecution.