STATE Vs. MIR MOHD

JUDGEMENT

(1.) ACCUSED Mir Mohammad, Faiz Hussain, Feroz Din and Lal Hussain residents of Galota Teh. Mendhar were committed by Munsiff Magistrate 1st Class, Mendhar vide his order dated 30 -4 -1974 to stand trial for the murder of one Mohd. Akbar alleged to have been committed at Chhaon Pani. In the trial court of Sessions Judge, Rajouri all the witnesses for the prosecution as well as defence were examined. Names of the witnesses for the prosecution are: Basant Ram, Sattar Din, Mohd. Sharief, Lal Mohd, Mohd. Latif, Rehman Shah, Mohd. Rafiq, Nazir Mohd. Mohd. Afsar, Girdhari Lal Head constable, Bola Singh, ASI, Mohd. Afzal Patwari, Kunj Lal SI Police and Dr. Abdul Samad, Medical Officer, Mendhar. Statements of two witnesses produced by the defence namely, Kundan Lal and Om Parkash were also recorded.

(2.) THE learned trial court acquitted Lal Hassain but sentenced to Life imprisonment the three accused namely, Mir Mohd, Faiz Hussain and Feroz Din. The accused have filed this appeal against their conviction. The learned trial court has also forwarded the case for confirmation of sentence of life imprisonment imposed by it on the three accused. Both these matters therefore, will be taken up together for consideration in this judgment and disposed of,

(3.) THE prosecution story reveals that on the night intervening 5/6th March. 1974 at about 9 P.M. when prosecution witnesses namely, Sattar Din. Mohd. Sharief and Lal Mohd. had gone to the house of Mohd. Afsar P.W., to inquire about his health, they and others already in the house of Mohd. Afsar namely. Mohd. Latif PW and Mohd. Akbar, deceased, heard the noise that looked like being created by stone throwing some where nearby. It was a bright moon -lit night. The prosecution witnesses along with the deceased. Mohd. Akbar, went towards the place from where the noise was coming to find as to what was the matter. After covering a short distance all of them cited the accused at Khalsa Land known as Chhaon Pani digging the land and throwing the stones around. All of them went near the accused persons and bade them to stop digging the land which was Khalsa and was used by all the villagers for cattle sitting etc. The accused got offended and became angry. One of them namely, Mir Mohd., after abusing the prosecution witnesses cried to his companions to catch hold of them and finish them. As soon as he uttered these words, he simultaneously gave a blow from the blunt side of the Rambi on the left thigh of Sattar Din PW. Feroz Din, the other accused, inflicted a lathi blow on the head of Sattar Din PW. Sattar Din fell on the ground. Feroz Din then caught hold of Mohd. Akbar deceased who was in the process of running away from the spot and Mir Mohd. accused inflicted a blow on the head of Akbar from the blunt side of the Rambi. Faiz Hussain followed Mir Mohd. and inflicted a blow with lathi on the head of Akbar deceased. Akbar on receiving these blows on his head fell down and all the accused together then gave him a beating. The deceased fell and lay unconscious on the ground. While Sattar Din was carried away from the spot by his brother on his back, the deceased Mohd. Akbar remained for some time lying on the spot. The accused immediately made good their escape from the scene of occurrence. Immediately thereafter Mohd. Rafiq and Nazir Mohd. PWs also came on the spot. Mohd. Latif and Lal Mohd. PWs went to contact the Numerdar, Basant Ram. The Numberdar came and took Nazir Mohd PW with him to the Police Post Gursain, Mendhar. They verbally reported the matter to the police and brought Girdharilal Head Constable, Gh. Hussain constable PWs to the place of occurrence. The deceased Akbar was still breathing at that time - He was put on a cot but on his way to Hospital he breathed his last at Addl. His postmortem was conducted by Dr. Abdul Samed. He certified on postmortem that the death has" been caused due to the head injuries. The police started the investigation and registered the case against the accused u/s 302 RPC.