The main legal point established in the judgment is the need for proportionate and just punishment based on the legal provisions and the circumstances of the case, emphasizing the discretion of the court in imposing sentences and the consideration of various factors such as the nature of the offence, the position of the offender, and the pecuniary circumstances of the accused.

JUDGMENT :

1. Appellant, Nazir Ahmad Ganie, has filed the instant appeal against the judgment of conviction dated 09.05.2015 and the order of sentence dated 23.05.2015 passed by learned Principal Sessions Judge, Pulwama, whereby he has been convicted of offence under Section 304 Part II of RPC and in proof of the said offence, he has been sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 1.00 lac. In default of payment of fine, the appellant has been directed to undergo further imprisonment of one year.

2. As per prosecution case, on 16 th August, 2011, PW (9) lodged a written report with SHO, P/S Pulwama, alleging therein that at about 9.00 am, when his son Danish Farooq alias Umar Farooq was on his way to school, he was attacked by accused persons, including the appellant herein, with clubs. It was alleged that as a result of this attack, the deceased received fatal injuries and that all the three accused had hatched a conspiracy to kill the deceased.

3. FIR No. 25/2011 for offences under Section 302, 34 RPC came to be registered with Police Station, Pulwama, and investigation of the case was set into motion. After investigation of the case, it was found that the appellant along with co-accused Gh. Ganaie and Maqbool Ganaie caught hold of deceased Danish Farooq and he was given beating by kicks, fists and hands. It was also found that the appellant, who was armed with a club, gave a blow on the head of the deceased with an intention to kill him, as a result of which the deceased fell down and died on spot. Thus, offences under Section 302/34 of RPC were found established against the appellant and other two co-accused and the challan was laid before the trial court. The charges for the aforesaid offences were framed against the accused, including the appellant herein and they were put on trial.

4. During trial of the case, the prosecution examined all the listed witnesses, whereafter the statements of the accused under Section 342 of J&K Cr.P.C were recorded and the incriminating circumstances appearing in the statements of prosecution witnesses were put to them to seek their explanation. The accused entered defence and examined as many as three witnesses in defence.

5. The learned trial court, after hearing the parties and after appreciation of the evidence led before it, passed the impugned judgment dated 09.05.2015, whereby, while the appellant herein was convicted of offence under Section 304 Part-II of RPC, the other two accused, namely, Gh. Ganaie and Maqbool Ganaie, were convicted of offence under Section 323 of RPC. Charge for offence under Section 302 RPC was not established against the accused.

6. The learned trial court thereafter proceeded to hear the parties on the question of sentence and passed impugned order dated 23.05.2015, whereby the appellant was, in proof of offence under Section 304 Part-II of RPC, sentenced to undergo rigorous imprisonment of seven years and to pay a fine of Rs. 1.00 lac. In default of payment of fine, the appellant has been directed to undergo further imprisonment of one year. It has also been provided in the said order that the amount of fine shall be paid as compensation to the mother of the deceased Danish Farooq. Besides this, the learned trial court has also directed that mother of the deceased shall be paid further amount of Rs. 2.00 lacs as compensation in terms of Victim Compensation Scheme, 2013. The other two accused who were convicted of offence under Section 323 RPC, have been sentenced to undergo simple imprisonment of one year and to pay a fine of Rs. 1000/- each and in default of payment of fine, the said accused have been directed to undergo further imprisonment of one month.

7. The present appeal has been filed by convict Nazir Ahmad Ganai. Although the appellant has challenged the impugned judgment/order of conviction and sentence on merits, yet during the course of hearing, learned Senior counsel appearing for the appellant has submitted t