STATE Vs. MOHD SHAFI

JUDGEMENT

(1.) In this criminal acquittal appeal, the appellant has assailed the validity of the judgment dated 22.08.2003, passed by the Trial Court by which respondent had been acquitted in respect of the offence under Section 302 RPC.

(2.) The case of the prosecution, in nutshell, is that on 29.01.1995, a telephonic information was received by Police Station, Doda from Medical Officer on duty in District Hosptial, Doda that a person, namely, Ghulam Hassan has been brought in the hospital in an unconscious state and he is on the verge of death. The Medical Officer requested the police authorities for action in the matter. On receipt of the information, SHO, Police Station, Doda along with Head Constable, Om Prakash and some other police personnel went to District Hospital, Doda and found that the aforesaid Ghulam Hassan was already dead and his dead body was kept in Mortuary.

(3.) The investigating officer during the course of the investigation recorded the statements of the witnesses under Section 161 of the code of criminal procedure. From the investigation, it was revealed that accused Mohd. Shafi whose father-in-law Mohd Ramzan, Head Constable, Police who was involved in a case under Narcotics Drugs and Psychotropic Substances Act and was lodged in Sub-Jail, Bhaderwah and in connection with the bail application of the said Mohd. Ramzan, at about 6 p.m. in the evening, Mohd Ramzan brought the deceased Ghulam Hassan reluctantly from his home to District Hospital Doda to inquire on telephone about the bail application filed by his father-in-law. However, the telephone call could not mature and thereafter wireless message was flashed. Thereafter, the accused along with deceased Ghulam Hassan left for home who were seen by some security force personnel at Bus Stand Doda. The accused after 15 minutes brought the deceased to Hospital by lifting him on his shoulders. It was further found in the investigation that while returning from wireless headquarters, the accused Mohd. Shafi demanded liquor from the deceased which the deceased could not provide. Thereupon, some altercation took place between the two and the accused felt offended and vowed to finish the deceased by killing him. The accused with the criminal intention to eliminate the deceased, killed the deceased by strangulating him to death. After conclusion of the investigation, the charge sheet was filed. The trial court thereafter, framed the charge under Section 302 of RPC against the respondent. The prosecution has cited 16 witnesses, out of whom only 9 were examined.