GH HYDER Vs. STATE OF J&K

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment and order dated 19th September, 2002 passed by learned Sessions Judge, Kargil, in the case titled as State (through SHO P/S Kargil) Vs. Ghulam Hyder, FIR No.22/2002 P/S Kargil, whereby and where -under the appellant has been convicted for the commission of offence punishable under Section 302 RPC and against the order of sentence dated 26th June 2003, whereby the appellant has been sentenced to imprisonment for life subject to confirmation by this Court, which shall be referred, hereinafter, as impugned judgment and impugned order respectively.

(2.) IT appears that Sessions Judge, Kargil, convicted the appellant/accused for the commission of offence punishable under Section 302 of RPC and sentenced him to simple imprisonment for life subject to confirmation by this Court vide order dated 19th Sept., 2002. This court set -aside the order of sentence and remanded the case back on the court that accused was not heard on quantum. The trial court, after hearing the prosecution as well as the accused, sentenced the accused to simple imprisonment for life vide impugned order dated 26.06.2003 subject to confirmation by this Court and accordingly, submitted the file to this court for confirmation of the sentence. The accused also submitted an application from Central Jail which came to be diarized as criminal appeal.

(3.) ON 25.05.2002, a report was lodged in police station Kargil, with the allegation that Ghulam Hyder, accused, has kept his 9 year old daughter, Mst. Zohra, at some unknown place with the intention of abandoning her. The said report set the police in motion and accordingly FIR No. 22/2002 was registered and accused was arrested. On questioning, the accused failed to give satisfactory reply and stated that he had left the minor at the banks of Timbus River. But despite search, the police failed to trace out the minor girl. On further questioning, the accused admitted that he had thrown his minor daughter after wrapping her in a blanket into the Suru River on 9th May 2002 at about 11 PM at the place Timbus with an intention to kill her and had used taxi van bearing registration No. JK04/2838. The Investigating Officer conducted investigation and produced the accused before the Judicial Magistrate, Ist Class, Sankoo, Kargil, and got his statement recorded under Section 164 of Cr.P.C. The accused confessed the guilt. After conducting the investigation, the Investigating Officer came to the conclusion that accused is involved in the commission of offences punishable under Sections 302, 201 RPC and accordingly the challan was presented.