Jammu and Kashmir Court February 1973 Judgments

Ramzan Ganai and ors. Vs. State

Court: Jammu and Kashmir

Reported in: 1973CriLJ1378

Mufti Baha-Ud-din Farooqi, J.1. The appellants, Ramzan Ganai and his two sons Bashir Ganai and Khazir Ganai, have been convicted by the learned Sessions Judge, Anantnag, under Section 302, R. P. C. and sentenced each to life imprisonment. By this appeal, the appellants challenge their conviction as also the sentence imposed on them. The learned Sessions Judge too has made a reference for confirmation of the sentence of life imprisonment. This judgment will govern the disposal of both the appeal and the reference.2. Briefly stated, the prosecution story is as follows: On 14-9-1971, late in the evening, Abdullah Ganai prosecution witness, was carrying food for his uncle. Hassan Ganai, who was keeping watch over his orchard in village Chatta Wattan, Tehsil Sho-pian. Enroute, when he reached near the orchard of the appellants, they intercepted him and dragged him into their orchard and there gave him a beating. Abdullah Ganai raised hue and cry which attracted his father, Qadir Ganai, dece...