STATE Vs. GANI MAKROO

JUDGEMENT

(1.) THE State has filed this appeal against the order of acquittal of the accused respondents passed by the Sessions Judge, Anantnag. Gani Makroo and Mst. Frechi (now deceased) were proceeded against in the court of the Chief Judicial Magistrate, Anantnag by the police Anantnag for having committed an offence under section 302/34 R.P.C. The Chief Judicial Magistrate Anantnag, committed the accused to the court of Sessions to stand their trial for the said offence.

(2.) BRIEFLY put the case of the prosecution is that the accused and the deceased Rasool Makroo were the residents of the same village Arwani. Mst. Frechi deceased accused respondent is the mother of Hassan Makroo who was granted pardon and turned an approver in the case. There was some dispute over the partition of the joint property between Mst. Frechi and Hassan Makroo the accused on the one hand and the deceased on the other. The house was, however, partitioned between the various shares and a portion of the house known as Buna Kuth (a room in the ground storey) fell to the share of the deceased. Mst. Frechi and the approver did not like this partition. Mst. Frechi in particular felt aggrieved for having parted with the ground storey (Buna Kuth): Efforts were made to pursuade the deceased to return Buna Kuth to the accused party but the deceased did not agree. He on the other hand taunted Mst. Frechi. It is also alleged that the deceased had become so depraved that he was cutting jokes with Mst. Raja, the widowed sister of Gani Makroo. He also made indecent approaches to her and even went so far as to pull her cheeks which infuriated accused No. 1. The accused got so much fed up with the deceased that they decided to do away with him. A plan was hit upon. Mst. Frechi was asked to get a thick stick called Dabni (stick for washing of clothes). It was decided to kill the deceased with Dabni. It is said that on the night intervening 8/9th June, Gani Makroo was asked to stay in the house of the accused. The accused 1, Ayub the brother of the deceased and Habibullah and the approver played game of cards. Later on they dispersed. Gani Makroo did not leave the house but stayed on. In the early hours of 9th of June, 1972 the accused No. 1. and 2, entered the room of the deceased when he was asleep. Accused No. 1. Gani Makroo struck at the head of the deceased twice with Dabni. He was followed by the approver and Mst. Frechi who also inflated blows on the head and other parts of the body of the deceased with the same Dabni. The accused became unconscious. "Dabni" which by then had became blood stained was delivered to Mst. Frechi and she was asked to wash it with water. Mst. Frechi washed it and deposited it in the cow shed. In the morning Ayub the brother of the deceased entered the room and saw his brother unconscious and in an injured state. Sona Ullah compounder of the village was the first person to treat the deceased. After some time the doctor was also sent for who stitched his wound. The party of the accused, however, got nervous. They suspected that their act may become known to the people .so they decided to reveal the whole story to Mohammad Makroo, Rehman Makroo, and Hassan Makroo the residents of the village with a view to seek their help to hush up the matter. The deceased, however, passed away on 10 -6 -1972. Meanwhile the Chowkidar had gone to Bijbehara to lodge the report in the Police. The Police stepped in. The dead body of the deceased was sent to Anantnag for postmortem examination. Investigation was conducted by the Police which revealed that the accused were responsible for the death of the deceased. Dabni was recovered on 14 -6 -1972 by the Police from the cow shed at the instance of Mst. Frechi the accused now deceased. The bedding (quilt) used and garments worn by the deceased as also the shirt and trousers of Gani the accused all blood stained were seized. The statement of the approver was first recorded on 30 -6 -1972 under sec. 164 Cr. P.C. He was thereafter granted pardon by the Chief Judicial Magistrate Anantnag.

(3.) BEFORE the trial court the prosecution examined Hassan Makroo (approver), Ama Ganai, Ramzan Makroo, Ayub Gh. Mohd. Makroo, Sona Ullah Makroo, Abdul Rehman Makroo, Gh. Hassan Makroo, Abdul Aziz Makroo, Gh. Rasool Malik, Abdul Gani Makroo, Gh. Hohd. Makroo (II), Dr. Bashir Ahmad Medical Officer, Bijbehara, Gh. Mohd. Hajam Patwari, Niranjan Nath ASI, Vesh Nath Bhat ASI. The statement of Dr. Abdul Majid DMO recorded by the committing magistrate was ordered to be transferred to the file of the Session Court under Section 282 Cr. P.C.