Decided on May 20,1999

Gh Rasool Appellant
STATE OF JANDK Respondents


- (1.) ALL these appeals arise of the same judgment passed by learned Sessions Judge, Jammu in File No: 115/Session. By means of this judgment appellant Ghulam Rasool has been directed to undergo life imprisonment and to pay a fine of Rs.500/ -, subject to confirmation of his sentence to undergo three months simple imprisonment, after he was found guilty under Section 302 of the R. P. C. Other two appellants i.e Mohd. Sadiq and Ghulam Ali, who were found guilty under Section 326 read with Section 34 of the RPC were sentenced to the period already undergone by them which was nearly 2 Â 1/2 years. CIA No: 5/95 has been preferred by Ghulam Rasool and CIA No: 14/95 is by other two appellants i.e. Mohd. Sadiq and Ghulam Ali, whereas Appeal No: 8/95 is for confirmation the sentence imposed upon Ghulam Rasool.
(2.) ALL the three appellants have questioned the judgment passed by the court below and have prayed for setting aside the same and thus acquitting them of the offences for which they were found guilty and have been sentenced as noted hereinabove.
(3.) WITH a view to appreciate the respective submissions urged on behalf of the parties in these cases, brief facts giving rise to these appeals need to be noticed. Deceased Mohd. Sadiq was married to Shamshad Begum alias Guddo, who is the daughter of Siraj -ud -Din and her brother is Shoukat Ali. She was married to the deceased in the month of Ramzan 1992. After marriage both husband and wife lived together at Village Dwara, and her parental house is at Reka. As per prosecution case after one month he went back to her parental house when the deceased left for Srinagar to resume his duty. When the deceased returned from Srinagar he learnt that his wife had gone to her parental house. During this period it was also learnt that she was having illicit relations with appellant Ghulam Rasool this fact was informed by his sister Mst. Mukhtiaran Bibi as she had found the appellant in the bed of Shamshad Begum alias Guddo one night at Village Dwara. Further facts as revealed are that on 20th Augustâ„¢ 92 Siraj -ud -Din accompanied by his son Shoukat Ali and other boy named Khurshid had come to the house of deceased with a view to settle the matter and persuade him to take his wife i.e. Shamshad Begum in his company from his residence at Reka. During the talk on this issue PWs Mohd. Yusaf, Mohd. Latif, Mst. Mukhtiaran Bibi (sister of the deceased) as well as father and brother of the deceased besides other persons of the village were there. It was discussed at that time the wife of the deceased is having illicit relations with Ghulam Rasool - appellant and he wanted to eliminate the deceased, as such he was scared of him. At this time deceased was assured by his father -in -law and other persons accompanying him that he should come to bring back his wife next day and no harm would be caused to him by the appellants.;

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