- (1.) Aforesaid criminal appeal and revision petitions are directed against common judgment dated 25.09.2004 of learned Additional District & Sessions Judge (Fast Track), Kaman, in Sessions Case No.12/2003.
(2.) Accused-Appellant Umar has filed the criminal appeal challenging the impugned judgment whereby he has been convicted for offence under Section 302 of the IPC and sentenced to undergo life imprisonment with fine of Rs.1000/-, in default of payment of fine, he was to further undergo one month's rigorous imprisonment. Revision Petition No.1048/2004 has been filed by complainant Ali Mohammed challenging part of the impugned judgment whereby four accused-respondents Hakmuddin, Mubbi, Usman and Fatte, have been acquitted for offence under Sections 148, 323, 307/149, 302/149 and 302 IPC and Section 3/25 of the Arms Act. Revision Petition No.1151/2004 has also been filed by complainant Ali Mohammed challenging the impugned judgment to the extent three accused-respondents Kamruddin, Islam and Najim have been discharged for the offence under Section 148, 323, 307/149 and 302/149 of the IPC.
(3.) Facts giving rise to these cases are that complainant Ali Mohammad submitted a written report (Exhibit P-1) on 11.04.2003 to the Station House Officer, Police Station Pahadi, alleging that around 12 in the noon that day he along-with his brother and others were sitting with Nabi Khan, who was recuperating after surgery. Accused Umar Mohammad, Maqsood, Mubbi, Kamruddin, Ismile, Fatte, Fajjar, Najim, Rasid and Kallu suddenly came there. They armed with deadly weapons entered the house. Accused Umar Mohammad opened fire, which injury Deen Mohammad sustained on his chest. Accused Kamruddin also opened fire and caused injury on the neck of Deen Mohammad. As a result of which, injured Deen Mohammad died on the spot. It was alleged that accused Mubbi opened fire and caused injury to Mormal. Accused Maqsood also opened fire and caused injuries to Mormal. Accused Islam opened fire and caused injuries to Shamsher. While, accused Fatte caused injuries to Shamsher by firearm, accused Fajjar pelted stone and caused injuries to Jamshed. Accused Sharif inflicted 'lathi' blow on the body of Jamshed. Other accused pelted stones causing injuries to complainant and Mormal. The incident was witnessed by Aas Mohammad and Ismile.;