MUFTI BAHA-UD-DIN FAROOQI, JASWANT SINGH
Ahad Bhat – Appellant
Versus
State – Respondent
1. On April 6, 1974, Rehman Bhat lodged a report at the police post Chara-i-Sharif alleging therein that while he was cultivating his field comprised in Khasra No. 217 situated at Karapora which he had duly purchased in 1973, Ahad Bhat and five ors came there in a body trespassed into his field, overwhelmed and beat him with Dandas and Ahad Bhat assaulted his brother Khalil Bhat, with a "Levan" on account of which the latter became unconscious and fell down. The informant further alleged that if Abdul Kabir Wani son of Ahmed, Abdul Ganai Mir son of Abdul Rahim Mir, and Mohamad Akram Meer son of Ahmed, residents of Karapora had not arrived at the spot in time and rescued him and his brother from the clutches of the accused they would have been done to death. On receipt of this report a case under Section 147/148 R.P.C. was registered by the Police Station, Pulwama, and investigation started which resulted in the challan of the accused under Sections 302, 148, 447/149 R.P.C. in the court of the Munsiff Judicial Magistrate 1st Class, Pulwama. The case was still at the investigation stage when Khalil Bhat succumbed to his injuries on April 11, 1974, in the S.M.H.S. H
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