AB AHAD Vs. STATE

JUDGEMENT

(1.) APPELLANTS have challenged the judgments/ orders dated 9th and 12th of December, 2006 whereby appellants came to be convicted and sentenced for the commission of offence punishable under Sections 298 -A/ 34 of RPC by the Court of Sessions Judge, Poonch. Brief Facts:

(2.) ABDUL Gaffar -PW1, lodged a written repot with SHO P/S Laran against five persons, namely, Abdul Gani, Mohammad Sadiq and Mohammad Rafiq including the appellants, that a cow was slaughtered by them in the house of Qamar -ud -Din S/O Ramzan Dar R/O Barachar Mandi, Poonch. It was also alleged in the report that the informer had asked his son to keep watch and ward in order to notice the activities of the accused. The said report set police in motion. FIR came to be lodged against the accused for the commission of offence punishable under Section 298 -A/ 34 of RPC. It is also alleged that the Investigating Officer along with other police officials reached on spot, conducted search of the house of Qamar -ud -Din, seized dressed flesh of the cow weighing 30 Kgs along with skull, legs and skin along with tail, Dagger, Toka, a log and a blood stained piece of koil wood. It is further allegation that the appellants were present at that point of time in the said house and arrested. The police recorded the statement of the witnesses, prepared seizure memos, completed other formalities and submitted final report in terms of Section 173 Cr.P.C. against the appellants in the court of Chief Judicial Magistrate, Poonch and it committed the case to the court of Sessions Judge, Poonch.

(3.) TRIAL court framed charged against the accused for the offences punishable under Section 298 -A/34 of RPC. They pleaded not guilty and claimed to be tried.