FAYAZ AHMAD SHAH Vs. STATE OF J&K

JUDGEMENT

(1.) The present appeal is directed against the conviction and sentence of the appellants by virtue of the judgment dated 29.12.2012 and order on sentence dated 03.01.2013. Both the appellants have been convicted for commission of offences under Sec. 364, 302 read with 120-B of RPC. The Principal and Sessions Judge, Anantnag, by virtue of the said judgment dated 29.12.2012 held that the prosecution has proved beyond reasonable doubt that the accused Fayaz Ahmad Shah and Mohammad Syed Bhat (the appellants herein) on 10.06.2003 in furtherance of a criminal conspiracy, abducted the deceased Mukhtar Ahmad Khan s/o Nazir Ahmad Khan r/o Sarnal-bala with intention to kill him and in furtherance of the common intention committed his murder. By virtue of the order on sentence dated 03.01.2013, the appellants, having been convicted of offences under Sections 302, 364 read with 120-B of RPC were sentenced to life imprisonment under Sec. 302, RPC read with 120-B, RPC and rigorous imprisonment for five years and fine of Rs. 5000.00 each for the offence under Sec. 364, RPC and in default of the fine, further imprisonment for six months. The sentences in respect of both the offences were directed to run concurrently and the period of detention undergone by the accused as under trials was to be set-off as per the rules.

(2.) The prosecution story is that the complainant Nazir Ahmad Khan (s/o Master Ghulam Ahmad Khan) (PW-1), father of the deceased Mukhtar Ahmad Khan, lodged a complaint before the Station House Officer (SHO), Anantnag of Police Station Anantnag, stating therein that his son (Mukhtar Ahmad Khan) was sitting in his shop on 10.06.2003, when at about 12:00 noon, two unknown persons came to his shop and spoke to him regarding the purchase of a vehicle. Thereafter, the same persons returned at 7:00 p.m. to purchase the vehicle (Black Alto) bearing registration No. H.R. 06 HQT 0796 and took Mukhtar Ahmad Khan along with the driver Abdul Rashid Sofi (PW-3) for payment of money to Mattan. As per the complaint which was lodged on 11.06.2003, the driver Abdul Rashid Sofi (PW-3) returned and stated that at the Akura Bridge, some unknown persons stopped their vehicle and took away Mukhtar Ahmad Khan at gun point along with the vehicle to an unknown place and that he (Abdul Rashid Sofi) was taken away blindfolded in another Maruti vehicle which was already parked and waiting to pick him up and took him to some unknown destination. It was further stated in the complaint that Abdul Rashid Sofi stated that he was released in the morning by removing the blindfold in the fields. Thereafter, he came to know that he was released near village ' Kanalwan'. However, he did not know where Mukhtar Ahmad Khan had been taken.

(3.) This complaint became the foundation of FIR No. 280/2003 at P/S Anantnag under Sections 420, 364 of RPC and Sec. 7/27 of the Indian Arms Act, 1959. Immediately thereafter, the police machinery was set into motion and the investigation of the case was initiated. The Investigating Officer (IO) visited the spot, prepared a sketch map of the place of occurrence and statements of the witnesses were recorded. During investigation, the IO received information that an unidentified dead body was found lying on the banks of the river Lidder at Aangmati. The same was recovered and was identified by Tawseef Ahmad Khan (PW-2) (brother of the deceased) and Nazir Ahmad Khan (PW-1) (father of the deceased). The police took possession of the dead body and prepared the Fardi-Mukboozgi Naash (memo of possession of dead body) as well as Fardi-Baramdigi-Naash (memo of recovery of dead body) along with the map of recovery. Fardi Shinakhtigi Naash (identification memo) was also prepared. The dead body was examined by the doctor and photographs of the dead body were also taken. The injury form and form of violence were also prepared. The blood stained clothes of the deceased were seized and after completion of all the formalities, the dead body was handed over to the legal heirs of the deceased against proper receipt.