FATA Vs. STATE

JUDGEMENT

(1.) WHILE facing trial in the Sessions Court, Baramulla, the petitioners attempt to secure bails did not fructify as the learned Sessions Judge vide the order dated O8 -07 -1997 rejected the prayer thereto on the score that having framed charges against the accused for the offence punishable u/s 302 read with 34 RPC the contention could not prevail that the case lacked reasonable grounds to believe that the accused had committed the offence that is punishable with death or life imprisonment.

(2.) THE factual aspect calls for a short reference. The accused, three in number, have in the case been indicated and put on trial on the accusation that on 6th of Dec. 1995, they with the common intention strangulated to death the deceased Mohammad Yousuf Mir who had strained matrimonial relations with his wife, accused Mst. Fatima (Fata). It appears that on the dis -appearance of the deceased the missing report was lodged with the police. The police diarised the occurrence on 11 -02 -1996 as FIR No. 27 -96 P/S Pattan for the offence punishable U/S 364 RPC. During investigation of the occurrence the dead body of the deceased was recovered from a ditch which had been cut and packed in gunny bags. Autopsy was got conducted and the medical officer of the Sub -District Hospital Pattan opined that the probable cause of death was asphyxia.

(3.) ON the report of the investigation about the offence of murder having been filed the accused on charges having, been drawn up against them pleaded not guilty there to and sought the trial. The prosecution has till date examined all but one witnesses in support of the charges. The day -order recorded by trial judge on 20 -09 -1997 mentions that only one witness namely Mohammad Ayub Wani was required to be examined. This witness as per the appears to be formal as he being the Patwari of the village is said to have drawn up and issued a sketch map.