- (1.) The accused-appellant has been, inter alia, convicted of the offence under Section 302 read with Section 34 of the Ranbir Penal Code, 1989 (hereinafter referred to as "RPC") on four counts involving the death of Mohd. Yousuf Ganai and his family members. He has also been convicted for the same offence for the death of one Mohd. Ishaq Bhat. As death of five persons (four in the first incident and one in the second incident) had occurred in the two separate incidents which followed each other in places adjacent/close to each other, the accused-appellant has been sentenced to death. The said sentence had been affirmed by the High Court in appeal. Aggrieved, the present appeals have been filed under Article 136 of the Constitution.
(2.) We have heard the learned counsels for the parties and considered the materials on record. We have read and considered the impugned judgments of the trial Court as well as the High Court.
(3.) Insofar as the first offence involving the death of Mohd. Yousuf Ganai and three others, namely, Guljani, Mohd. Hanief Ganai and Naseer Ahmad Ganai, the consistent evidence of witnesses examined by the prosecution including the evidence of Gazala Tabasum (PW-5), minor child of the deceased Mohd. Yousuf Ganai, makes it clear that the role that was attributed to the accused-appellant is participation in the offence by standing outside the door of the house. The evidence of the said witness do not attribute any overt act to the accused-appellant and does not show any active participation in the firing that took place resulting in the deaths in question. Hence, the conviction under Section 302 read with Section 34 of the RPC.;