MOHD. IQBAL Vs. STATE OF J&K

JUDGEMENT

(1.) Through the medium of this revision petition, petitioner prays for setting aside of judgment dated 24.12.2003 passed by Sessions Judge, Rajouri, whereby the appeal filed by the petitioner against the judgment of conviction and sentence dated 18.7.1995 passed by Judicial Magistrate, Surankote, in FIR no.9/1990 under section 363/344/325 and 323 RPC has been dismissed.

(2.) The contention of the petitioner is that order passed by the Court below has been passed without affording opportunity of being heard to the petitioner and the Court below could have deferred the hearing or dismiss it for non prosecution but it has been decided on merits without hearing the petitioner. It is contended that petitioner had a grave threat to his life at the hands of one Mohammad Ashraf S/o Raj Mohammad who is an informer of the security forces and on his information one Mohammad Shafi and his sons were taken into custody and subjected to inhuman torture by the security forces. The said person had threatened to get arrest the petitioner in the like manner; therefore, the petitioner fled away and hid himself in the valley. The said Mohammad Ashraf is wanted in connection with the murder of Mohammad Hussian and is hiding at some unknown place, reportedly in security forces camp, for which he is working and petitioner have a sigh of relief as the danger was away and visited his house to know the welfare of his family and also of the case but was arrested and confined to serve the sentence passed by the Judicial Magistrate, Surankot. The Court below has not appreciated the evidence nor has resume of the witnesses been appreciated by the appellate court. The grounds taken before the appellant court was that the evidence had not been appreciated while deciding the appeal on its merits. It is also contended that the Court below had also not appreciated the fact that accused had denied the charges and pleaded the case to be cooked up by the Investigating Officer. The prosecution case was that the Boy was missing for which a missing report was lodged in the Police Station and much thereafter the boy was recovered and FIR lodged. The missing report could not be produced in the Court, which was a clear proof of the cooked case against the petitioner but not appreciated by the court below.

(3.) I have heard learned counsel for the parties and gone through the record.