ABDULLAH BHAT Vs. STATE

JUDGEMENT

(1.) WE propose to decide Criminal Appeal No.1 of 1995 and Criminal Reference No. 12 of 1994 by this Judgment. Criminal Reference is by Sessions Judge, Pulwama in terms of section 374 of Criminal Procedure code, 1989 ( J&K ) convicting the accused under sections 302/376 Ranbir Penal Code ( hereafter for short RPC) and imposing sentence of death, the Accused had not preferred Appeal through jail, but when the matter came before this court, Shri Mushtaq Mohammad, Advocate, was appointed Amicus curiae to file Appeal on behalf of the accused within the time allowed by the court. This is how criminal Appeal No. 1 of 1995 is before us with criminal Reference No. 12 of 1994.

(2.) MATERIAL facts of the case are that accused married to Mst. Hajra, who had been divorced by her previous husband for reason of infidelity and moral turpitude. From the accused, she had four children, eldest being the daughter Salima (deceased) aged 15 year. Further, it is recorded in the Appeal that accused was living jointly with his parents and younger brother, which was not to the liking of Mst. Hajra, who would constantly impress upon the accused for separation from the joint family, seven months after the marriage. She left the house against the wishes of the accused and was brought back after great persuation and mediation by the village elders. However, her relationship with other family members continued to be sore, with the result that the accused remained tense and depressed. The situation was aggravated further when his mother died to whom he was deeply attached. Quarrels between the family members became a constant feature, with the result that he remained in Mental Hospital for

(3.) 1/2 months.