HIGH COURT OF JAMMU AND KASHMIR
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(1.) THIS is an appeal against, an order of the Sessions Judge, Poonch, by which the appellant has been convicted under Sections 302 and 380 R. P. C. and sentenced to death and to two years rigorous imprisonment respectively for murdering two persons, Subhana and Rajba at Thana on the night intervening between be 14th arid 15th Phagan, 2006 and stealing their money and clothes. The case is also before us on a reference made by the Sessions Judge seeking confirmation of the death sentence under Section 374, Cr. P. C.
(2.) ON the 15th of Phagan 2006 at 6-30 A. M. Sarnda, complainant, along with certain other persons went to the Police Chowki Thana and made an oral report that Subhana who had a baker's shop at Thana and Rajba, a labourer, both belonging to Kashmir Province, had been murdered. He stated that in the morning when he opened his shop he found that Rajba's dead body was lying on the street outside his shop. As he knew that Rajba used to pass his nights in the shop of Subhana, he went to Subhana's shop and there found Subhana's dead body lying in the shop. He,. therefore, requested that an immediate investigation of the case might be taken in hand. The case was registered at the Police Station, Rajouri, on 16th Phagan at 3 P. M. at the instance of the Police Chowki Thana. It is alleged that on the morning of 16th Phagan, 2006 suspicion against the appellant having been aroused, he was brought to the shop of Abdul Latif, P. W. 3, where on being questioned by Abdulla Joo, P. W. 7, he admitted that he had killed the two deceased persons with a view to obtain their money and thereupon he was taken to the Police Chowki. On the evening of 16th Phagan B. Dharam Mitter, Sub Inspector Rajouri, who had gone to Thana, on hearing from some one that a double murder had taken place at Thana seized the shirt, Ex. P. 1, and Shilvar' Ex. P. 2, which the appellant was then wearing as blood stains were alleged to have been detected on them. On the evening of 17th Phagan the appellant was arrested and on searching his person change amounting to Rs. 2/2/, one cigarette case containing two coins, a rupee and an eight anna piece and two notes of rupee one each etc. were found (Vide Ex. P. R. ). On 18th Phagan two recoveries were alleged to have been made by the Police at the instance of the appellant. At first the appellant is alleged to have taken the police to a dilapidated place near Samadh School where from under some stones the appellant is alleged to have brought out currency notes of the value of Rs. 95/- and a pen-knife (Ex. P. 7 ). Then the appellant is alleged to have taken the police a little further on and there from under stones he is alleged to have brought out a shirt, Ex. P. 11, Waistcoat, Ex. P. 12 and shilwar, Ex. P. 10, which are alleged to have belonged to Subhana deceased. On the same date a Loi, Ex. P. 3, belonging to the appellant was also seized, as it was alleged that the loi had also blood stains which the appellant had washed.
(3.) AFTER preparing the necessary documents the police forwarded the two dead bodies to the Rajouri dispensary where post mortem examinations were held in the afternoon of 16th Phagan 2006 by Sub-Assistant Surgeon Ram Lal in the absence of the Medical Officer who was away on duty at Jammu. The following injuries were found on the dead body of Subhana: After describing the injuries the judgment proceeds: In the opinion of the doctor the deceased had died of haemorrhage and shock caused by the injuries inflicted on him. Injuries Nos. 3 and 4 were grievous and the rest simple. Injury No. 3 appeared to him to have been caused by some sharp weapon and the rest by a blunt weapon. On examination of the dead body of Rajba the following injuries were noticed by the doctor: (After describing the injuries the judgment proceeds:) Of these injuries Nos. 2, 3 and 9 were grievous. The other injuries were simple. Injuries 2 and 6 appeared to have been caused by some sharp weapon and the others by a blunt weapon. The doctor thought that these grievous injuries on the two dead bodies could be caused by the pen knife, Ex. P. 7. Both the deceased persons, according to the doctor, were well built and healthy before their death. Their ages were 55 and 45 years respectively. The appellant was said to be about 23 years of age. He was also examined by the doctor on 19th Phagan, 2006 and the following two injuries were found on his person: 1. An abrasion mark on the right foot at its inner aspect. 2. Swelling of the right ankle joint. According to the doctor injury No. 2 was due to sprain and might have been caused by a fall. Duration of injuries 1 and 2, according to the doctor could be five and two days respectively. ;
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