MOHD.KHALIQ . vs STATE OF J&K — Crl.A. No. 1768/2009

Case Summary: Mohd. Khaliq v. State of J&K (Crl.A. 1768/2009) Outcome: The Supreme Court allowed the appeal on March 15, 2011, modifying convictions for both appellants. For Mohd. Khaliq: conviction reduced from Section 302 (murder) to Section 304 Part-II (causing death by negligence); sentence reduced to time already served (7 years), with immediate release. For Mohd. Razak: conviction similarly reduced to Section 304 Part-II with 7-year rigorous imprisonment. Fines were affirmed. Facts: On July 22, 1990, appellants and others trespassed onto the complainant's land and attacked two men repairing a fence. Khaliq struck head injuries with an axe; Razak and others beat them with lathis and stones. One victim (Mohd-ul-Hassan) died; the other survived. Reasoning: Though the deceased suffered multiple injuries to the head showing clear intent to cause grievous harm, no fracture was found. The Court held injuries dangerous enough to presume knowledge of likely death, but insufficient to establish murder intent—warranting conviction under Section 304 Part-II instead of Section 302. This case analysis is maintained by casestatus.in based on publicly available court records.