MOHAMMAD ISHAQ PALLA Vs. STATE OF J&K

JUDGEMENT

(1.) This criminal appeal has been filed by the appellant against the judgment and the order of conviction and sentence dated 28.08.2012 and 10.09.2012, for short impugned judgment and order, passed by the court of learned Principal Sessions Judge, Shopian, for short trial court, in case FIR no. 47/2005 of Police Station Zainapore for the commission of offences punishable under section 364 of the Ranbir Penal Code, for short RPC, titled State Vs. Mohammad Ishaq Paul and another, whereby the appellant no.1, came to be convicted and sentenced to undergo rigorous imprisonment for life for the commission of offence punishable in terms of Sec. 302 of the RPC and seven years rigorous imprisonment for the commission of offence punishable in terms of Sec. 364 of the RPC. Appellant no. 2 has been convicted and sentenced to undergo rigorous imprisonment of five years for the commission of offences punishable in terms of Sec. 364 and 109 of the RPC and with a fine of Rs. 10,000.00 and in default of payment of fine he had to undergo a further period of six months simple imprisonment.

(2.) The narration of the events are briefly put on record, thus:

(3.) In the evening of 11th Sept., 2005, at about 7.15 PM some unidentified persons abducted one Nazir Ahmad Kumar S/o Abdul Gani Kumar R/o Manihal, Shopian from his house who was later found to have been murdered. The police concerned registered the case as FIR no. 47/2005 initially for the commission of offences punishable under section 364 of the RPC only but later on section 302 RPC was added.