WASIM AHMED Vs. STATE OF J&K

JUDGEMENT

(1.) The present appeal has been preferred by the convict, Wasim Ahmed, who has been convicted under Section 302 RPC for having committed the murder of Mohd Hamid on 15.11.2008. The conviction order was passed by the Principal Sessions Judge, Samba, in File No. 11/Sessions on 28.02.2012. The appeal is also directed against the order on sentence of the same date, that is, 28.02.2012, whereby the appellant was sentenced to life imprisonment and fine of Rs. 20,000/- for the offence under Section 302 RPC. In default of payment of fine, he was required to undergo six months imprisonment. The sentence of life imprisonment is, of course, subject to confirmation of this Court and, consequently, the accompanying confirmation reference has been made by the learned Principal Sessions Judge, Samba, to this Court.

(2.) The case arose out of FIR No. 140/2008 registered at Police Station Bari Brahmana under Section 302 RPC dated 15.11.2008.

(3.) The prosecution case is that on 15.11.2008, the complainant, Girdhari Lal, filed a written compliant in Police Station, Bari Brahmana, to the effect that he had taken a shop on rent near SIDCO office where he does the work of Motor Winding and that, he has kept a servant, namely, Mohd Hamid. It is further the case of the prosecution that on 14.11.2008, the said Girdhari Lal, as usual, gave money to Mohd Hamid on closure of the shop. The room on the top of this shop had been taken on rent by the appellant, Wasim Ahmed where he resided. It is further the case of the prosecution that Wasim Ahmed works as a labourer in a factory. As per the prosecution, Girdhari Lal in his compliant stated that in the morning, that is, on 15.11.2008, the appellant Wasim Ahmed came to him and informed him that he was working at night in the factory and that he had gone to the factory after closing his room. However, when he returned at 7.30 a.m., he saw that the door of his room was closed but the lock had been broken. On opening the door, he saw Mohd Hamid lying dead in the room and his body was drenched in blood. On receiving such information, the said complainant, Girdhari Lal, is said to have gone to the spot and noted that Mohd Hamid had been murdered by some unknown person. On receipt of the said written complaint of Girdhari Lal, the said FIR No. 140/2008 for the offence under Section 302 RPC was registered at the above Police Station, that is, Bari Brahmana.