Decided on June 09,2006

Mohd Yaqoob Appellant
STATE OF JANDK Respondents


J .P.SINGH,J - (1.) First Additional Sessions Judge, Jammu, the trial Court, convicted appellant, Mohd. Yaqoob, under Section 302 of the Ranbir Penal Code on 1 -05 -2003 and sentenced him to suffer imprisonment for life and a fine of Rs.25,000/ - (Rupees twenty five thousand) on 17.05.2003. He, accordingly, submitted his proceedings to this Court for confirmation under Section 374 of the Code of Criminal Procedure, Svt. 1989. Appellant has filed Criminal Appeal No. 07/2003 against his conviction and sentence awarded by learned trial Court.
(2.) FACTS , necessary for decision of the reference and the appellants appeal, may be summarized thus: A reliable information was received by SHO, Police Station, Bishnah, on 27 -01 -1999 at 10.45 a.m. that an unidentified male dead body was found lying at the Poultry Farm of one Vijay Kumar. This information was recorded as report No. 6 in the Daily Diary Register of 27 -01 -1999 deputing Mr. Shiv Dev Singh, Sub -Inspector of Police, along with constables to the spot for appropriate proceedings. Mr. Shiv Dev Singh, on reaching the spot, found that the dead body was of Suram Singh, Chowkidar, working at the Poultry Farm, with injuries on his head and penis, wherefrom it was apparent that person/persons, with criminal intention, had attacked him during the preceding night with intention to kill him. He, accordingly, requested for registration of the case. A case, FIR No.09/1999, was, accordingly, registered in Police Station, Bishnah, on 27 -01 -199 at 11.30 a.m. Final Police Report under Section 173 of the Code of Criminal Procedure was filed before Judicial Magistrate First Class, Bishnah, who committed the case to learned Sessions Judge, Jammu, who, in turn, transferred it for disposal to the learned First Additional Sessions Judge, Jammu.
(3.) A charge under Section 302 RPC was framed by the trial Court on 08 -05 -1999 against the appellant, who denied the charge and claimed to be tried. Prosecution examined Shiv Dev Singh, Romesh Chander, Vijay Kumar, Nikka Ram, Ram Rattan, Dinesh Kumar, Tarlok Singh, Dar Singh, Bodh Raj, Dr. Basant Kumar Sharma, Raghubir Singh, Patwari, and Tarseem Chand, as its witnesses. The appellant, however, did not lead any evidence in defence.;

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