STATE OF JAMMU AND KASHMIR Vs. MOHAMMAD AMIN

JUDGEMENT

(1.) This appeal is directed against the judgment of Sessions Judge, Bhadarwah in File No. 2/Session of 1978 dated 10-3-1980 for conviction of accused u/S. 302/201, RPC, since trial Court convicted and sentenced them under S. 304-A and sentenced them to undergoing rigorous imprisonment for two years and fine of Rs. 500/- each, giving them benefit of the period spent by them in judicial lock-up.

(2.) Briefly, the prosecution case is that Mst. Nagina (deceased) was married to Mohd. Amin (accused) and Mst. Panjabu is the mother of the deceased, while Mst. Sakina is the mother-in-law. Deceased was brought up by Gani Khanday, since he married Panjabu after the death of her previous husband and she married Gani Khanday brother of the deceased husband. The couple had a child. On April 9, 1978, she died. Gani Khanday and his wife came to the house of the accused, inspected the dead body and found some violent mark. The body was buried. Matter was reported to the police on 12-4-1978 and investigation started.

(3.) On the report of police and with the help of Executive Magistrate, Bhadarwah, the body was taken out of the grave, subjected to post-mortem examination and buried again. Ultimately, the accused was prosecuted and in support of the allegation, number of witnesses were examined by the prosecution. Accused denied the offence and produced some witnesses in defence also. Ultimately, the trial ended in the aforesaid conviction and sentence of the accused, hence this Appeal.