Early Times Report
Jammu, June 29: Hearing the case of much publicized Kelam Jamia-e-Masjid attack case, the Principal Sessions Judge Kulgam Subash C Gupta today convicted ten persons u/s 304-I (culpable homicide not amount to murder) and acquitted 28 others.
Among those who have been convicted included Ab.Razak Parrey s/o Gh.Ahmad alias Ama, Aziz Bhat s/o Qadir, Jalil Bhat s/o Qadir, Manzor Bhat s/o Aziz, Sartaj Bhat s/o Aziz, Syed Bhat s/o Habib, Dawod Padder s/o Mohi-ud-din, Showkat Bhat s/o Majid, Bashir Ahmad Bhat s/o Gani and Gani Bhat s/o Qadir. The court directed that all convicts be sent to Central Jail and to be produced them on June 30 (Tuesday) for pronouncement of quantum of punishment.
Principal Sessions Judge Kulgam Subash C Gupta today after considering both the sides observed that it can safely be held that prosecution has succeeded in proving the guilt of the above mentioned ten accused for commission of offence of culpable homicide not amount to murder punishable in terms of provisions of Section 304 Part-I, beyond all shadows of doubt. Court further said, they are also found liable for commission of offence u/s 323 read with 149 of RPC beyond all shadows of doubt and hence they are held liable for the commission of afore mentioned offences.
Accordingly, they are convicted for the delineated offences. However, evidence is lacking to prove commission of other offences under section 148,336,325,341 & 302 of RPC, as such they are acquitted for the aforesaid offences. It is further held that prosecution has miserably failed to bring home the guilt as detailed in the charge sheets against other accused Gh Mohammed Bhat s/o Habib, Reyaz Bhat s/o Ashor, Tanvir Bhat s/o Jalil, Qayoom Bhat s/o Hasan, Azad Bhat s/o Majid, Mohi-ud-din Padder @ Mohda s/o Muma, Zahoor Bhat s/o Sadiq, Ayub Bhat s/o Qadir, Iqbal Bhat s/o Aziz, Bashir Bhat s/o Habib (all residents of village Kelam), Ashraf s/o Jalil ,Sheraz Bhat s/o Hassan, Tawseef Bhat s/o Mohammed Bhat, Ahsrf Bhat s/o Majid, Nazir Bhat s/o Habib, Adil Bhat s/o Bashir, Naseer Bhat s/o Razak, Muzafer Bhat s/o Gani, Bashir Parrey s/o Ama Parrey, Amin Parrey s/o Gani, Sajad Parrey s/o Ali, Rehman Bhat s/o Aziz Bhat, Gulzar Bhat s/o Aziz Bhat, Hussain Dar s/o Gani, Ali Parrey s/o Ama Parrey, Javid Ahmad Dar s/o Hussain, Showkat Dar s/o Hussain and Abas Rather Damade Jalil (all residents of Malipora) and accordingly, they deserve their acquittal and thus are ordered to be released forthwith. Meanwhile personal and bail bonds furnished by accused Ashraf s/o Jalil ,Sheraz Bhat s/o Hassan, Tawseef Bhat s/o Mohammed Bhat, Ahsrf Bhat s/o Majid, Nazir Bhat s/o Habib, Adil Bhat s/o Bashir, Naseer Bhat s/o Razak, Muzafer Bhat s/o Gani, Bashir Parrey s/o Ama Parrey, Amin Parrey s/o Gani, Sajad Parrey s/o Ali, Rehman Bhat s/o Aziz Bhat, Gulzar Bhat s/o Aziz Bhat, Hussain Dar s/o Gani, Ali Parrey s/o Ama Parrey, Javid Ahmad Dar s/o Hussain, Showkat Dar s/o Hussain and Abas Rather Damade Jalil Residents of Maliporashall be considered as canceled. As this judgment has resulted into the conviction of the accused- Ab.Razak Parrey s/o Gh.Ahmad alias Ama, Aziz Bhat s/o Qadir, Jalil Bhat s/o Qadir, Manzor Bhat s/o Aziz, Sartaj Bhat s/o Aziz, Syed Bhat s/o Habib, Dawod Padder s/o Mohi ud din, Showkat Bhat s/o Majid, Bashir Ahmad Bhat s/o Gani and Gani Bhat s/o Qadir and it is imperative to hear them on the question of sentence in compliance to the provisions contemplated under section 276 Code of Criminal Procedure. Accordingly, opportunity of being heard is being given to the named accused as to quantum of sentence. Case property in the matter shall be kept intact till time of appeal is over. According to the police case that on 19 September 2009, complainant namely Gh Mohi ud din Bhat s/o Habib Bhat of Kelam lodged written report with the Police Post Devser alleging that he and other inhabitants of village Kelam were proceeding towards Jamia-e-Masjid of the village for offering prayers. At the same time, accused gathered in the form of an unlawful assembly outside the village Jamia-e-Masjid with common criminal intention. They beat the complainant and other devotees with sticks and stones and also pelted stones. Complainant further stated accused Sartaj Ahmad Bhat s/o Aziz, Munzoor Ahmad Bhat s/o Aziz, Aziz Bhat s/o Qadir, Razak Parrey s/o Ama, Iqbal Bhat s/o Aziz Bhat and Fayaz Ahmad Bhat s/o Razak Bhat made murderous assault upon his nephew namely Nawaz Ahmad Bhat s/o Gul Mohammed Bhat with stones and sticks. It is further mentioned in the report that as and when Gul Mohammed Bhat s/o Habib Bhat came on spot to rescue his son namely Nawaz Ahamd Bhat, he too was attacked by accused namely Sheraz Ahmad Bhat s/o Hassan, Dawod Ahmad Padder s/o Mahoda and Mohammed Ashraf Bhat s/o Jalil. Moreover, President Auqaf namely Gul Mohammed Bhat s/o Sadiq also got injured on spot. Many other devotees were also injured on spot in this melee. It is further got contained that real dispute exist relating to Idgah land as accused are intending to take forcible possession of Idgah land and raise construction over the same. During the investigation Nawaz Ahmad succumbed to his injuries at SKIMS Soura Srinagar. With his demise, offence u/s 307/RPC was converted to offence u/s 302/RPC. After completion of investigation challan was presented. (JNF) |
