STATE Vs. RAMZAN WANI

JUDGEMENT

(1.) The State of Jammu and Kashmir is aggrieved of the order of acquittal passed by the learned Sessions Judge, Baramulla, on 2-7-1979 acquitting Ramzan Wani, respondent, herein, of the offence under section 302 R.P.C. and has come up in appeal to this court.

(2.) Briefly stated the case for the prosecution is that the accused respondent, Ahad Wani P.W. and Abdullah Wani deceased are collaterals holding common road on the rear side of their cow shed. On 1-4-1972 some willow trees were planted near this common road by Ahad Wani P.W.1 and on 2-4-1972, the respondent Ramzan Wani fixed certain poles for fencing the road upon which a quarrel ensued between the respondent and Ahad Wani P.W. Meanwhile the deceased Abdullah Wani came on the spot and not only pulled out the poles but also uprooted the willow trees with the object that the quarrel between the two should end. This action of the deceased enraged the accused who picked up a pole and struck a blow on the head of the deceased upon which he fell down. The deceased was removed to Sopore Hospital on that very day but he succumbed to the injuries on the next day i.e. the 3rd of April, 1972. The matter was reported to the police who registered a case and challaned the accused respondent for an offence under section 302 I.P.C.

(3.) The prosecution in order to connect the accused-respondent with the crime examined Ahad Wani, Sona Wani, Mohamad Wani, Jammal Wani, Lassa Wani, Khalik Wani, Munawar Ganai, Ghulam Oadir Khan Patwari, Ghulam Qadir Wani Lambardar, and Dr. G.N. Bhat, Mohamad Yussuf Inspector of Police was examined under Section 540 Cr. P. C. The accused-respondent when examined under section 342 Cr. P. C. denied the allegations against him. No evidence, however, was led on behalf of the accused-respondent.