STATE OF J&K Vs. ABDUL REHMAN

JUDGEMENT

(1.) Registration of the case as Crime No.151/2005 P/S Thanamandi Rajouri, on completion of investigation, culminated in presenting charge sheet (challan) before the Court of Judicial Magistrate, 1st Class, Thanamandi. Case was committed to the Court of learned Sessions Judge, Rajouri on the same dated i.e. 21.02.006. Charge against the accused has been framed on 18.03.2006 for commission of offence punishable under Section 302/34 RPC. Accused pleaded not guilty and claimed to be tried. Out of listed 17 prosecution witnesses, listed witness No.3 and 12 were given up. 15 witnesses have been produced and examined. Prosecution evidence has been closed on 27.02.2009. Incriminating circumstances in terms of Section 342 Cr. P. C have been put to the accused. All the accused denied complicity in the crime. In defence, no witness has been produced. Trial ended in acquittal of accused as recorded vide judgment impugned dated 07.06.2009, aggrieved whereof instant appeal has been filed.

(2.) The case of the prosecution is that the accused No.2-Mohammad Bashir alias Kalla (deaf and dumb) was a bachelor living separately from his brothers. Deceased Fazal Hussain noticing said Mohammad Bashir to be poor, as a good neighbour, used to provide him food, clothes etc. which gave rise to an apprehension in the mind of brother of Mohammad Bashir, namely, Abdul Rehman and nephew Iftikhar Hussain, that Fazal Hussain may grab the landed property of said Mohammad Bashir (deaf and dumb), as a result whereof, they hatched a conspiracy, in pursuance whereof accused Abdul Rehman on the date of occurrence i.e. 22.12.2005, in the morning went to the house of Fazal Hussain and asked him to move with him up to the house of Mohammad Bashir. While moving to the said place, accused Abdul Rehman, Mohammad Bashir alias Kalla sons of Mohammad Din and Iftikhar Hussain S/o Abdul Rehman, caught hold of Fazal Hussain and started beating him. Mohammad Bashir alias Kalla caused injury in the head of the deceased with a blow of an axe whereas Abdul Rehman and Iftikhar caused injuries on the head of the deceased with stones. After killing Fazal Hussain, while they were carrying the dead body of the deceased to a far-off place from the house of Mohammad Bashir alias Kalla, the witnesses saw the same. The accused left the dead boy and ran away. On arrest of Mohammad Bashir, his disclosure statement, as per his gestures/signs, was recorded wherein it is recorded that accused Mohammad Bashir had said that the axe with which he had injured the head of the deceased is concealed by him in his house. Based on that disclosure, the axe was recovered and seized as the weapon of offence. One blood stained shirt which was worn by the accused Mohammad Bashir on the date of occurrence was recovered and sent for chemical analysis to the FSL.

(3.) FIR has been registered by the Police on the basis of a source information to the effect that according to the source information some unknown persons with criminal intention to kill, have killed Fazal Hussain (deceased) and the dead body is lying there. This position is reflected in the FIR, EXPW-RK.