The court emphasized the importance of unimpeachable ocular prosecution evidence and the medical expert's testimony in establishing the culpability of the appellant-accused. It also highlighted that non-recovery of the weapon of offence cannot be a deciding factor to disbelieve the prosecution case.

JUDGMENT

Chowdhary, J. - Appellant namely Farooq Ahmad was convicted for the commission of offence punishable under Section 302 RPC for committing murder of one Aijaz Ahmed S/O Fazal ullah Khan R/O Basti Bhaderwah and for the commission of attempt to murder punishable under Section 307 RPC for injuring Arshad Ahmed S/O Fazal ullah Khan R/O Basti Bhaderwah on 19.10.2000 at 9.30 PM, by the court of learned Sessions Judge Bhaderwah vide judgment dated 25.03.2015 and was sentenced to rigorous imprisonment for life and fine of Rs.50,000/-, and in case of default of payment of fine he was ordered for further simple imprisonment of one year, besides to undergo rigorous imprisonment for five years and a fine of Rs.5000/- under Section 307 RPC and in default of payment of fine he was ordered for further simple imprisonment for a period of six months. The sentences were ordered to run concurrently.

2. The First Information Report (FIR) was received at the Police Station Bhaderwah on 19.10.2000 from some source that at 9.30 PM, some unknown militants after hatching a conspiracy barged into the house of one Fazal ullah Khan at Basti Bhaderwah with arms and ammunition and in order to commit murder of his sons Aijaz Ahmed and Arshad Ahmed, fired indiscriminately, rendered both of them seriously injured due to which Aijaz Ahmed succumbed to his injuries on spot, whileas, Arshad Ahmed was rushed to the hospital for treatment.

3. On the basis of this report a case was registered vide FIR No.222/2000 for the commission of offences punishable under Sections 302/307/326/120-B RPC and 7/27 Arms Act and the investigation was commenced. During the course of investigation, the I.O visited the hospital where injury form of the injured Arshad Ahmed was filled and thereafter I.O proceeded to the place of occurrence and prepared a site place, custody of the body of the deceased Aijaz Ahmed was taken over for conducting post mortem which was later on handed over to his legal heirs.

4. After investigation of the case, the charge-sheet for the commission of offences punishable under Sections 302/307/326/120-B RPC and 7/27 Arms Act was laid in the court of law against Farooq Ahmad @ Fareed code Khalid S/O Abdul Rashid Sheikh R/O Basti Tehsil Bhaderwah and Tariq Usmani code Hamza S/O Gh. Qadir Sheikh R/O Dandi Tehsil Bhaderwah.

5. After committal of the case to the trial court the file was consigned to records on 23.05.2002 as the Public Prosecutor had chosen not to examine any prosecution witness in the absence of accused. The proceedings were, however, revived in the month of April 2009, when accused Farooq Ahmad @ Fareed code Khalid (appellant herein) was arrested and produced before the court, whereas, the other accused namely Tariq Usmani was reported to have been killed in an encounter with the security forces.

6. The appellant- accused was charge-sheeted for the commission of aforementioned offences vide order dated 16.05.2009, who pleading innocence, denied the charge and claimed to be tried.

7. Prosecution, in order to prove its case to bring home the charge against the appellant-accused, examined 14 witnesses. The incriminating evidence led by the prosecution against the appellantaccused was explained to him, who on being examined in terms of Section 342 of J&K Cr.PC, pleaded false implication and he was directed to enter upon his defence. Appellant-accused had examined four defence witnesses.

8. The trial court, after hearing arguments and appreciating the evidence led by the both sides, vide impugned JUDGMENT held that the accused was not found guilty for the commission of any other offence of which he was charged, except for the commission of offences punishable under Sections 302/307 RPC and sentenced him to imprisonment, besides fine.

9. The trial court made the Reference to this Court for confirmation of the sentence of life imprisonment awarded under Section 302 RPC and the appellant had also filed the Appeal against the impugned JUDGMENT dated 25.03.