The main legal point established in the judgment is the requirement for the prosecution to prove the use of a specific weapon in a murder case and the admissibility of evidence related to the recovery of the weapon.

1. Mst. Bakhti wife of Gani Lone, Ghulam Mohd Lone alias Gulla Lone, her son, and Mohammad Yaseen Peer, their guest, died of the bullet injuries fired through a high velocity Fire arm, in the compound of PW17-Sultan Lones house, situated at Gazrayal Shah Mohalla Kralpora, Kupwara, on October 23, 1998 at about 7.30 p.m.

2. Investigation carried out in FIR no. 141/1998, registered under Sections 302 RPC, 7/25 Indian Arms Act in this respect, on a source report indicating killing of three persons by an armed person with his illegal weapon, culminated in the filing of a Final Police Report under Section 173 Cr.P.C against three persons, namely, Sultan Ganai, Ahmad Lone and one Ahad Lone, with Judicial Magistrate First Class Kupwara, who committed it to the Sessions Court at Kupwara, the trial Court.

3. The prosecution story, as unfolded in the Final Police Report, is that PW-11 Mst. Gulshan, married to Ghulam Mohammad Lone, one of the deceased, returned annoyed to her parental house in view of the quarrel she had with PW-2 Bashir Ahmad, her husbands brother. A Meeting was thereafter arranged at Sultan Lones house to resolve the dispute, which concluded with the settlement that Mst. Gulshan would return to her in-laws house.

4. Mst. Bakhti, Ghulam Mohd. Lone and the family friend Yaseen Peer, were on their way back home, when they were fired at in the compound of Sultan Lones house by the appellant with AK-56 rifle.

5. According to the prosecution story, the meeting arranged for settling Mst. Gulshans matrimonial dispute had concluded and the members present in the meeting were still sitting in the room that the appellant threw in the room, from its door, two Pherns (Kashmiri Gowns usually worn in winters), which belonged to Ahmad Lone alias Am-Machloo, an accused named in the Final Police Report, and one Mohammad Lone. A Gun was, at that time, seen slinging from his shoulder underneath the Phern he was wearing.

6. The incident is reported to have taken place pursuant to a conspiracy hatched by three persons, namely, Sultan Ganai, Ahmad Lone alias Am-Machloo and Ahad Lone, who, though married, was hell bent to contract marriage with Sultan Lones daughter PW-11 Mst. Gulshan, with whom he is stated to have developed illicit relationship. In furtherance of the conspiracy, Ahmad Lone had procured AK-56 Rifle from PW-9 Abdul Satar Mir, Special Police Officer attached as Security Guard with Chowdhary Jalal-Ud-Din and delivered it to the appellant, who is stated to be a surrendered militant, to kill Gulshans husband.

7. Ahad Lone, the third accused named in the Final Police Report, was discharged by the trial Court vide its order of May 26, 2004 as no material was found to have been collected by the Investigating Agency against him during investigation of the case.

Appellant Sultan Ganai, and Ahmad Lone, the other accused were, however, tried on their pleading, `Not Guilty, to the charge framed under Sections 302/34 RPC and 7/25, 27 Arms Act.

To prove its case, the prosecution examined 18 out of 22 witnesses listed in the Final Police Report.

8. After appreciating and evaluating the evidence and the material produced in the case, the trial Court, acquitted Ahmad Lone alias Am-Machloo finding the prosecution to have failed to prove any case against him. The appellant was, however, convicted and sentenced under Section 302 RPC, to Imprisonment for Life and fine of Rs. 2000/- for committing the murder of three persons, besides to Rigorous Imprisonment for seven years and fine of Rs. 1000/- under Section 27 of the Arms Act, vide judgment and order of November 17, 2006 of the trial Court.

9. Aggrieved by the judgment and order of the trial Court and seeking Review thereof through an application received in this Court through Deputy Superintendent Central Jail, Srinagar, the appellant sought legal aid too in this respect. His application was registered as Criminal Appeal No. 12/2006. He appears to have filed a regular Appeal too through his