JAVED AHMED AND OTHERS Vs. STATE

JUDGEMENT

(1.) The appellant No. 1 Javed Ahmed has been convicted for an offence under Section 302 read with section 34 of the RPC as well as under Section 4 read with section 25(1-A) of the Arms Act. The appellant Nos. 2 to 10 have been convicted for offences under section 302 read with section 34 of the RPC. In addition, appellant No. 4 has been convicted for offence under section 325 of the RPC as well.

(2.) According to the prosecution case, injured complainant, Abdul Qayoom on 25.04.2010 lodged a written complaint that Mohd Javed, Saraj-ud-Din, Baz Hussain, Meraj Din, Anwar-ul-Haq, Makhan Din, Jamal Din, Mohd Nasir, Mohd Din, Mohd Zuffer, Mst. Karam Noor, and Mst. Zahien are closely related to the complainant. It was stated in the complaint that accused No. 2 borrowed a sum of Rs. 6,40,000/- from his brother for purchase of land one year ago, which was to be returned on 31.12.2009. It was agreed by accused No. 2 in earlier Panchayat as well that he would refund the amount by the aforesaid date. On 25.04.2010, a Panchayat was convened at Govt. Girls Higher Secondary School, Mendhar, where accused Nos. 1 to 20 with common intention entered the said school at about 2.30 P.M and attacked him and his brother with an intention to commit their murder. The accused Nos. 1 to 20 caught hold the arms, legs and head of his brother and accused No. 1 attacked his brother on the abdomen with knife and accused Nos. 1 to 20 did not allow his brother to escape till his death, where after they raised slogan of joy and tried to commit the murder of the complainant. However, the complainant escaped, otherwise he would have also been killed. It was stated that accused committed murder in the broad day light in the presence of fifty witnesses.

(3.) On the basis of aforesaid written report, First Information Report was lodged for offences under Sections 302, 109, 147, 148 RPC and Section 4/25 of the Arms Act in Police Station, Mendhar. Dr. Pervaiz Ahmad Khan, Assistant Surgeon, Sub District Hospital, Mendhar conducted the post-mortem examination on the dead body of Abdul Rehman. He found a wound on the left side of the back medial aspect of scapula at inferior angle at 4th intercostals space, slightly medial to mid clavicular line, parallel to spine 18 inches below the top of the head and 4" to the left midline. The margins of wound regular 2 inches long 1/2 inch wide at the skin surface. The upper and superior corner of wound blunt and lower end at inferior angle of scapula inferior corner of wound pointed. The margins of wound are clean cut. No abrasion or bruising seen at the wound margin. Wound bright read in colour. No exit wound seen. A track about 4 x 1/2 inches deep evenly cut from back to front. No tissue bridging is seen. The track perforates from the back at the 4th intercostals space passing through in prior of Trapenzum muscle and superior and of latissmuss dorsi muscle and perforate the posterior wall/Border of left lung. An abrasion 2 inches x 1/2 inch is seen at left shoulder brought red in colour was also noticed. No other injury was seen except left lung, heart with abrasion over left shoulder. The weapon of offence, namely, a Khokhri was produced before aforesaid witness, who opined that injury may be inflicted on deceased, Abdul Rehman by the aforesaid weapon.