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| DB modifies the judgment, acquits two, enhances fine | | Trial Court awards life-imprisonment to four accused | | Early Times Reporter
Jammu | Feb 8
DB modifies the judgment, acquits two, enhances fine
Jammu, Feb-08- Division Bench of J&K High Court, comprising Justice Nirmal Singh and Justice JP Singh, in an appeal filed against the judgment of Additional Sessions Judge Reasi, whereby the Trial Court on January 15, 2005 sentenced four accused namely Mohd Khaliq, Mohd Razak, Mohd Farooq and Mohd Rafiq to imprisonment for life and fine of Rs 5000- u/s 302 RPC, modified the judgment of the Trial Court as it pertains to appellants Mohd Farooq and Mohd Rafiq acquitting them of charges with which they stood charged and further modified the judgment of the Trial Court and held appellants Mohd Khaliq and Mohd Razak guilty of offences punishable u/s 302, 447 r/w section 34 of RPC and both of them convicted and sentenced to imprisonment for life and fine Rs 25000 each. Fine when recovered shall be equally paid to the next of kin of the deceased Mujahid-ul-Hassan and Mohd Lal, the injured.
This approved for reporting judgment written by Justice JP Singh for the Division Bench, after hearing Sr. Adv MA Goni with Ahtsham Hussain and Additional Advocate General SC Gupta appearing for the State, observed that on a land dispute on July 22, 1990, the accused attacked Mujahid -ul- Hassan at village Dandakote, Darhal when Mohd Lal tried to save Mujahid. He was also attacked by the accused persons and injured him. Mujahid-ul-Hassan was shifted to Darhal hospital and then to Rajouri and GMC Hospital Jammu and ultimately to CMC Ludhiana, where he succumbed to the injuries.
DB while modifying the judgment of the Trial Court further observed that DB do not find any error in Session Judge's recording conviction against Mohd Razak and Mohd Khaliq. In view of finding that Mohd Farooq and Mohd Rafiq were not involved in the occurrence, the prosecution case, that the appellants had formed an unlawful assembly, therefore, fails to that extent because the number of assailants would stand reduced to only two.. DB, however, find that Mohd Razak and Mohd Khaliq entered Mujahid-ul-Hassan's land armed with axe and hoe with the intention to cause such bodily injuries to Mujahid- ul- Hassan which were likely to cause death. They did not hesitate in causing injuries to Mohd Lal. Both these persons had mounted an attack on Mujahid which has been proved during the trial to be unarmed at the time of occurrence. Likewise Mohd Lal too was unarmed when he was attacked and hit by these two persons with the weapons they were carrying. The manner in which these two appellants had come armed with lethal weapons trespassed into the land of Mujahid- ul- Hassan and hit him repeatedly with the weapons they were carrying, their common contention of causing such bodily injuries on the Mujahid- ul- Hassan which were likely to cause death.
With these observations, DB acquitted Mohd Farooq and Mohd Rafiq from the charges and held appellant's Mohd Khaliq and Mohd Razak guilty of offences punishable u/s 302 and other sections of RPC and sentenced them to imprisonment for life and fine Rs 2500- each.
DB also directed Additional Sessions Judge Reasi to take requisite steps to implement the judgment order of March 11, 2005, admitting Mohd Razak to bail and recall him with directions to surrender to custody forthwith to serve the sentence. JNF |
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