LexSHABIR AHMED TELI versus STATE OF JAMMU & KASHMIR
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A B lLITT ~ 1-4 s:c.R---z.m- SHABIR AHMED TELi v. STATE OF JAMMU & KASHMIR (Criminal Appeal No. 700 of 2006) APRIL 11, 2013 [AFTAB ALAM AND R.M. LODHA, JJ.] Ranbir Penal Code - s. 302 - Murder - Life imprisonment - Appellant allegedly killed his neighbor by C firing several gun shots at him - Alleged motive behind the killing was refusal by the deceased to give his daughter in marriage to the appellant - Conviction of accused-appellant - Justification of - Held: Justified - Statements of the PWs made it clear that the family members of the deceased were o full of fear of the appellant, who had an unruly and violent background - Appellant used to come to the house of the deceased as he wished and give to his family members open threats of dire consequences for not giving his daughter to him in marriage - Ocular evidence reliable - Evidences of E each of the six witnesses internally sound and corroborated the testimonies of the other witnesses. Investigation - Slow and shoddy investigation - Effect on the prosecution case - Held: On facts, keeping in view the unruly and violent background of the accused-appellant, F truthfulness of the prosecution case to be tested on the intrinsic worth of the prosecution evidence leaving aside the failings of the police investigation. The prosecution case was that the appellant killed his G neighbor by firing several gun shots at him. The alleged motive behind the killing was refusal by the deceased to give his daughter in marriage to the appellant. The trial court convicted the appellant under section 302 of the Ranbir Penal Code and sentenced him to undergo life H 248 SHABIR AHMED TELi v. STATE OF JAMMU & 249 KASHMIR imprisonment. The order was upheld in appeal by the A High Court and therefore the instant appeal. Dismissing the appeal, the Court HELD: 1. In the instant case, the police investigation was painfully slow, reluctant and shoddy. Applying the 8 normal standards for judging the soundness and correctness of a criminal charge, the facts and circumstances of the case would tend to considerably weaken the case of the prosecution. However, in order to understand the highly unusual way in which the police C investigation took place, it is necessary to probe further and to see the personality of the accused-appellant. The appellant is described by the prosecution witnesses as a member of "lkhwan". The "lkhwan" is supposed to ~e a loose organization that was .made of surrendered D militants in Kashmir who worked or purported to work as informers for the security forces and were also used for liquidating the secessionist militants. The members of the "lkhwan" were mostly unruly, violent elements generally believed to enjoy the patronage and protection of the E security forces. Common people feared them and as it would appear from this case even the State police was wary of laying a hand on them. In this background, the truthfulness of the prosecution case is to be tested on the intrinsic worth of the prosecution evidence leaving F aside the failings of the police investigation. [Paras 8, 9 and 12] [255-E; 256-B-D; 257-F] 2. In support of its case, the prosecution examined six eye witness~s. Four of the eye-witnesses are the family members of the deceased, being his son, widow, G daughter and son-in-law. The other two are residents of the same village, unrelated both to the decease.d and the appellant. From the statements of the prosecution witnesses, it is clear that the family members of the deceased were full of fear of the appellant. The appellant H 250 SUPREME COURT REPORTS [2013] 4 S.C.R. A was a neighbour of the deceased; he would come to the house of the deceased as he wished and give to his family members open threats of dire consequences for not giving his daughter to him in marriage. The family members of the deceased had the apprehension that to B give effect to his threats he might do something dreadful. The deceased's daughter was sent away to live with some relatives in some other place for fear that she might be kidnapped by the appellant. PW.7 stated before the court that he was a marriage broker and about three c years ago he had fixed the marriage of the daughter. of the deceased in some family at Palipura. This greatly displeased the appellant who came to his house carrying a rifle and asked him to break the marriage fixed by him and giving the threat that otherwi
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