PW NAV and statements of witnesses, in his own handwriting.
When they ignored his abuses and moved forward, the appellant attacked Arshad Sajad on his head from behind with an iron rod.
Having recorded statements of witnesses under Section 161, Cr.
The injured Arshad Sajad and his father then went to the clinic of one Ali Mohd.
Three linear scratch marks on right side of neck each cm.
PW NH , Fard Baramdgi Ex.
As his companydition was deteriorating, for better treatment, he was being shifted to Government Medical College, Jammu, but on the way, he succumbed to the injuries.
When the appellant came to the shop of the deceased, he insisted the appellant to make payment.
In his cross examination, it has been revealed that he is a distinct relative to the accused and educated only up to middle standard.
By the said judgment, the High Court reversed the order of acquittal passed by the Principal Sessions Judge, Bhaderwah against the appellant, and companyvicted him for the offences punishable under Sections 302/341 of the Ranbir Penal Code hereinafter referred to as RPC and sentenced him to suffer imprisonment for life and to pay a fine of Rs.1,000/ for the offence punishable under Section 302, RPC and to pay a fine of Rs.500/ for the offence under Section 341, RPC, with the direction to realize the fine amount from his estate.
It was further revealed that while undergoing initial treatment at the hospital, the deceased narrated to him that when he was going towards his home, someone had assaulted.
PW SH II , Fard Inkshaf Ex.
PW3 and on his advise they went to the Bhaderwah police station and informed the police about the incident.
in length.
It was specifically deposed by the Doctor in his evidence that the injuries found on the body of the deceased were sufficient to cause death.
PW N.A. and seizure memos.
On internal examination, the Doctor found Linear left temporal frontal region Extradural haematoma on left lamprey parietal region Meiurages over left temporal lobe torn Underlying left temporal parietal lobe lacerated The Doctor opined that the cause of death was head injury resulted by a blunt object within the duration of 12 hours.
The postmortem report Annexure P/2 shows that the deceased sustained the following injuries Lacerated wound bone deep 1.5 cm x 0.25 cm on left frontal parietal region Stitched .
Nisar Ahmed, S.H.O. of police station BhaderwahPW 14 took up the investigation, sent the body of the deceased for postmortem, seized his clothes, inspected the spot, companylected samples of bloodstained earth as well as numbermal earth and prepared site map Ext.
Investigation has number been carried out by him, but only on the instructions of I.O. he drafted the memos wherein his integrity remained doubtful as he tried to alter the prosecution case.
As the head injury resulted in the death of Arshad Sajad, charge against the accused was altered for the offence under Section 302/341, RPC and accordingly charge sheet was laid.
Hafeez PW2 and Abid Hussain PW10 also companyroborate the testimony of PW9 and prove the attack as PWs 2 10 having heard the same from the deceased himself.
Accordingly, FIR No.
Over that issue, there occurred a scuffle between the appellant and the deceased.
The brief facts, as culled out from the prosecution case are that on 18th May, 2006 a shop keeper of hardware material, namely, Arshad Sajad accompanied by his father Sajad Ahmed Bhat PW9 were going to their home after closure of shop in the evening at about 5.30 p.m., while they were on their way, near Masjid, the appellant herein intercepted them from the opposite direction and started hurling abuses against them.
The accused pleaded number guilty and claimed to be tried.
PW NH I , Fard Suprdnama Ex.
Police then sent the injured to Sub District Hospital, Bhaderwah for treatment.
53 of 2006 was registered against the accusedappellant for the offences punishable under Sections 341/323, RPC.
Allegedly, basing on the guarantee and undertaking given by the accusedappellant, the deceased supplied some G.I. sheets to one Gias ud Din.
Aggrieved by the order of acquittal passed by the trial Court, the State of Jammu Kashmir raised appeal before the High Court.
After the closure of shop, when deceased was going home along with his father, on their way the accused holding an iron rod in his hands, appeared from opposite direction, intercepted their way and abused them.
At the trial, in its endeavour to prove the guilt of the accused, prosecution had examined as many as 14 witnesses, whereas the accused in his defence has examined one witness.
PW SH III , Fard Jama Talashi Ex.
P.C. the I.O. carried on the investigation in which it was revealed that the motive behind the accused assaulting the deceased was actually related to a prior tussle between them during the daytime at the shop of the deceased over a financial transaction.
The passersby including Farid Iqbal PW1 , Sajad Ahmedfather of the deceased PW9 , Abid Hussain PW10 and Amjad Hanif PW12 got them separated.
The accusedappellant was arrested on 20th May, 2006 and one iron rod being the weapon of assault has been recovered at his instance and sent it for chemical examination.
36 of 2012.
V. RAMANA, J. This appeal is directed against the judgment dated 11 th March, 2015 passed by the High Court of Jammu and Kashmir at Jammu in Criminal Appeal No.
While leaving the shop, the appellant declared that he will see the deceased anytime, and in the evening when the deceased and his father PW9 were going to their home, the accused met them on the way and assaulted the deceased on his head.
