HAJI LAL DIN Vs. STATE

JUDGEMENT

(1.) HAJI Lal Din, Wasrir Mohd. , Mom. Gulam Qadir, Gammi and Gulab din along with others and one Wali Mohd. were tried for offences under Sections 302/201, 396/452, 326/149. R. P. C. in the Court of learned Sessions Judge, Poonch. Wali Mohd. accused had absconded after the occurrence and he was proceeded against under Section 512, criminal Procedure Code. The above named six accused were sentenced as under:

(2.) THE six convicts, named above, have filed this appeal against their conviction and sentence and the learned Sessions Judge, Poonch, has also forwarded the record of the case for the confirmation of the sentence of death awarded to the convicts.

(3.) SHORN of all the details, the prosecution story is, that Mst. Malo w/o abdul Gani, deceased had been abducted by Wali Moh'd, absconding accused, with the help of the other accused persons and Abdul Gani deceased was able to recover Mst, Malo with the help of the police from Wali Moh'd accused. Subsequently, Mst. Malo was once again abducted by Wall Moh'd with the assistance of the accused persons and on 1st April, 1973, the deceased once again recovered Mst. Malo from the possession of Kala Wali Moh'd and Alam Din accused persons. It is further the prosecution case that Abdul Gani deceased had divorced Mst. Malo earlier, but he had re-married her according to mam customs. Since Abdul Gani deceased was successful in getting back Mst. Malo, the accused persons nursed a grudge against him. Apart from this there was also some dispute between the deceased, haji Lai Din and Wazir Moh'd accused wife regard to the taking of some passage from the land of the deceased by these accused.