MAQSOOD AHMAD BHAT Vs. STATE OF JK

JUDGEMENT

(1.) The present appeal and reference arise from the decision of the 1st Additional Sessions Judge, Baramulla, dated 04.04.2014 and the consequent order on sentence dated 10.07.2014. By virtue of the judgment dated 04.04.2014 rendered in Criminal File No. 62/135, the learned 1st Additional Sessions Judge, Baramulla, convicted the appellant under Sec. 302 RPC for the murder of Dr. Riyazul

(2.) The facts as alleged by the prosecution are that the appellant caused the death of the said Dr. Riyazul Hassan R/o Hanjiveera Bala by the use of prohibited arms and ammunition. As per the prosecution, the appellant is said to be a dreaded militant and District Commander of the HM Militant Outfit whereas the deceased was a BUMS doctor and worker of a political party and its zonal president. As per the prosecution, the appellant allegedly caused the death of the deceased with the purpose of instilling fear in the hearts and minds of the people.

(3.) Information was first received by the police on 15.06.2005 that at Hanjiveera Bala, Pattan, at about 1650 hours "unidentified militants" armed with prohibited arms and ammunition had fired bullets upon one person named Riyaz Ahmad Bhat and wounded him seriously and that the injured had been carried for treatment to SKIMS, Srinagar, but he succumbed to the injuries and passed away. Consequently, the police registered FIR No. 87/2005 under Sec. 302 RPC read with Sec. 7/27 Arms Act at Police Station Pattan.