AHMAD LONE Vs. STATE

JUDGEMENT

(1.) THE appellant has been convicted by the learned Sessions Judge, Kupwara, for the offence under Section 302 RPC and sentenced to imprisonment for life. He has filed this appeal against the said conviction and sentence. The learned Sessions Judge has also made a reference to this court for the confirmation of the sentence of life imprisonment imposed by him on the appellant.

(2.) THESE brief facts of the prosecution case are that the deceased Abdul Wahid left his house in the morning of 17th October, 1980, for village Khowarpora for some domestic work. He was last seen by some villagers in the said village on the said date at about 5 PM and disappeared thereafter. His relatives made a search for him but all in vain. On 20.10.1980 the appellant, allegedly, made an extra judicial confession before Yasin Mir PW and some villagers that he along with other accused persons killed the deceased in the evening of 17th October itself and concealed his dead body in a jungle for having illicit relations with his wife. Upon this information, a report was lodged at Police Station, Karnah, on that very day against 28 persons. The police arrested the appellant on the same day. On his arrest, he allegedly, made a disclosure statement, which led to the recovery of the dead body of the deceased from a jungle on 20.10.80 itself. On 21.10.1980 he allegedly, made another disclosure statement leading to the recovery of an axe and a stone from the cow shed of one Jabbar Lone, the alleged weapons of offence. On 4.11.1980, he allegedly, made a disclosure statement for the third time leading to recovery of a rope, a piece of cloth and a stone as weapons of offence from his house. On 22.10.1980 his statement was recorded by the Judicial Magistrate, Kupwara, under section 164 Cr. P. C. allegedly confessing to have killed the deceased. On 27.11.1980 one of the accused persons Abdul Rashid turned approver and pardon was tendered to him by the Chief Judicial Magistrate, Handwara. His statement was recorded by the Judicial Magistrate Kupwara under section 164 Cr. P.C. on 28.11.1980.

(3.) CONSEQUENTLY , the police challaned only five persons including the appellant for the offence of murder. The appellant was charged for the offence under section 302 of the RPC. The other accused persons were charged for the offence under section 302 read with Section 34 of the RPC. All of them pleaded not guilty to the charges.