STATE OF J&K Vs. WALI MOHD

JUDGEMENT

(1.) THIS Appeal is directed against the Judgment of Sessions Judge, Poonch in File No. 10/Sessions dated 1 -2 -1982 for offence under Section 302/149 RPC. Briefly, the prosecution case may be narrated now.

(2.) MOHD , Rashid submitted written report dated 5 -5 -1980 at Police Station, Mandi on 5 -5 -1980 at 6.30 p.m. that on 5 -5 -1980 at about 10.00 a.m. while he was in his residential house alongwith his parents, brother and sister, accused Wali Mohd, Mohd Hussain and Abdul Aziz came to the house and asked his father Bhadur (deceased) to accompany them to the land and show the place where from water course (Baian) was to be taken out. Deceased asked them to proceed ahead and he would follow them with his cattle. Consequently, deceased took the cattle towards the grazing land while his mother followed him with some other cattle. When the deceased reached ahead along with the cattle, accused Wali Mohd, Mohd Hussain and Abdul Aziz, Abdul Hafaiz, Haji Feroz, Mohd Ayub, Haji Noor Mohd and Abdul Gani surrounded his father. All the accused were having lathies in their hands except Haji Noor Mohd, who was holding an axe. They started beating the deceased and his mother Hakem Bi raised alarm that Bhadur was being killed, therefore, he be saved. He also raised alarm and went near the deceased. In the mean time, Abdul Aziz, Mohd Hussain and Jamal Din came to the spot. Wali Mohd. inflicted a blow on the arm of his father with the handle of gainti, while Mohd. Hussain caught the deceased from his beard and gave fist blow on his chest. Abdul Aziz inflicted blow with a stick of loon on his back and Abdul Hafaiz started beating him with a stick of loon on the back. Mohd. Ayub gave a blow on his right leg with a stick of Barain. Haji Feroz gave him a blow on the head with a stick of Reen and Haji Noor Mohd. inflicted a blow on his ribs with the blunt side of axe and with the edged side of the axe, he gave a blow on the leg causing cutting wound. Abdul Gani gave a blow on the face of the deceased with a stick of loon and breaking the teeth. This occurrence was seen by him, his mother, Abdul Aziz, Jamal Din and Mohd Hussain. With these blows, deceased died on the spot. On account of fear, Jamal Din ran away from the spot while the quarrel was still going on. The accused were nursing old grudge with the deceased on account of litigation and land disputes. The act was committed with common intention and after making preparations, therefore, accused were liable for the commission of murder. It was also reported that the dead body of the deceased was lying on the spot and Mohd Hussain and Kaka had been kept there to keep watch over it.

(3.) ON receiving this information, Police registered case No. 38/1980 for offence under Section 302/34 RPC. In addition to this written report, Mohd. Rashid also stated to the Police that a month before, Mohd. Bashir son of Karim Baksh of Hari Budah had told the deceased that all the accused were sitting together at the house of Haji Noor Mohd, where he had also been called Haji Noor Mohd, told Mohd. Bashir to inform the villagers that Khan Alam had stated that cases had been registered against them in the Court and on finding appropriate opportunity, would avenge the same. He was asked to join his party, but he refused to do so.