MOHD MAQBOOL DAR Vs. STATE OF J&K

JUDGEMENT

(1.) MOHAMMAD Rafiq Dar died of the head injury he suffered on March 11, 2005 at about 1530 hours, at Village Naroo Ichgam of District Budgam.

(2.) PW -1 Manzoor Ahmad Dar, his brother, lodged a written report with Police Station Budgam, saying that the appellant Mohammad Maqbool Dar had hit his brother Mohammad Rafiq Dar with a stone on his head with the intention to commit his murder. The motive behind the murderous attack is stated to be the animosity which the appellant had nurtured for Mohammad Rafiq Dars objecting to his intimacy with Ms. Naza, and for the complaint which the deceased had made to Nazam Dar about his daughters intimacy with the appellant.

(3.) ACCORDING to the complaint of Manzoor Ahmad Dar, his brother Mohammad Rafiq Dar had left his house to know about the result of his brother Abdul Qayoom Dar and one Ali Mohammad Dars son who had appeared in B.A/B.Sc Final Examination and he, along with others, had been waiting outside the house for him to know about the results, when at about 3.30 p.m. he saw his brother coming out of the house of Ali Mohammad Dar. His brother had walked hardly a few steps when the appellant intercepted, caught hold of him, and with intention to commit murder, struck a blow on his head with a stone. He raised alarm and some persons from the vicinity came on spot. The appellant, however, is stated to have succeeded in running away from the place of occurrence. He took his injured brother to the hospital. On the written report of PW -1, a case FIR No. 35/05 was registered under Sections 307/341 RPC at Police Station Budgam.