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1979 Supreme(J&K) 77

MIAN JALAL-UD-DIN, MUFTI BAHA-UD-DIN FAROOQI
Mohd. Khandey – Appellant
Versus
State – Respondent


Advocates Appeared:
Advocate For Appellant: R.N. Kaul
Advocate For Respondent: K.N. Bhat

Per Mufti J.

1. The three appellants, Mohamad Khandey, Khaliq Khanday and Qadir Khandey, have been convicted for making attempt on the life of Lala Khandey and Kamal Khandey (P. Ws 1 & 2) by causing gunshot injuries to them. Khaliq Khandey has also been convicted for having in his possession a country made gun without license. The action arose out of an occurrence which took place on 9-12-1974 at about 6 P. M. in village Takanwari, Tehsil Srinagar. As it happens, the supply of electric energy in the house of Lala Khandey failed. His son, Kamal Khandey, PW 2 climbed up an electric pole on the periphery of his compound with the help of a ladder in order to remove the fault. He noticed a fishing boat in the nearby Wallah. His sister, Fata, was around the place. He asked her, whose boat it was ? "Uncle Qadirs", she said. Qadir Khandey and his son, Khaliq Khandey overheard them. Against the background of animosity resulting from dispute over property and consequent litigation between the parties, Khaliq Khandey did not relish the reference. He hurled abuses on Fata. Kamal Khandey protested. Thereupon, Khaliq Khandey took out a gun from his house. His father, Qadir Khandey instigated Khal























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