ABDUL MAJID SHEIKH Vs. STATE

JUDGEMENT

(1.) AGGRIEVED by the conviction recorded under section 302 RPC for committing the murder of Mohammad Shafi Malik, his brother-in-law, And sentence of Imprisonment for life awarded by the Additional sessions Judge, Srinagar, vide judgment of May 26, 2007 and order of june 05, 2007 respectively, Abdul Majid Sheikh, the Appellant, has approached this Court, in appeal, seeking setting aside of his conviction and sentence.

(2.) LEARNED Additional Sessions Judge, Srinagar too has made reference for confirmation of the sentence awarded to the appellant. Appellant's Criminal Appeal No. 07/2007 and the Confirmation reference No. 03/2007 have been taken up together for consideration. F A C T S facts leading to the filing of the Criminal Appeal and the confirmation Reference may be stated thus:-Mrs. Zubaida was not having cordial relations with the appellant, Abdul Majid Sheikh, her husband. She had come to her paternal house situated at Mohalla Moma Khan Kathidarwaza, srinagar when the appellant came there in the morning of September 04, 1997 to take her back home. He had an altercation with his brother-in-law Mohammad Shafi, which was, however, resolved with the intervention of the neighbours. The appellant had, however, while leaving, threatened to kill his brother-in-law.

(3.) ACCORDING to the prosecution story Mohammad Shafi was coming out of the Mosque situated in Mohalla Moma Khan, at about 8. 30 p. m. on September 04, 1997 when the appellant attacked him with a knife and thereafter left the place in the Auto Rikshaw in which he had come there. Mohammad Shafi died because of the injuries received by him at the hands of the appellant in the Mosque where he had been carried to after the occurrence. Pursuant to the registration of FIR No. 103/1997 at Police station Rainawari, Srinagar, on the basis of the source information, the Police reached on spot, and started the investigation. On filing of the Final Police Report under section 173 of the code of Criminal Procedure, and its later committal to the Sessions court, the appellant was tried by the learned Additional Sessions judge, Srinagar. In order to prove its case, the prosecution has examined sixteen out of twenty listed witnesses. Mohammad Yousuf Beigh, alias Chiken, PW No. 1 is the eye witness to the occurrence.