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| Life-term awarded to duo for murder | | | Early Times Report
UDHAMPUR, Sept 6: Principal Sessions Judge Udhampur Virinder Singh Bhou today awarded life imprisonment to Mohd Maqbool Dar Son of Abdul Ahad Dar resident of Cherakoot, Lolab Distrct Kupwara and Riaz Ahmed Malik Son of Fateh Mohd Malik resident of Village Kehnusa Tehsil Aloosa District Bandipoor after eight years of trial .
As per the prosecution story culled out from the charge sheet presented before this court is that on 14/01/2017 during naka checking at traffic naka point Jakheni a truck no. JK09A-5301 loaded with vegetables which was on its way from Jammu to Srinagar was signaled by naka party to halt and the driver and inmate of the truck was directed to park the vehicle on the side of the road as the movement of heavy vehicles has been suspended on Jammu Srinagar national high way whereupon the driver of the truck lost his temper and insisted that he will go to Srinagar .After sometime the driver of the truck abruptly started the vehicle and dashed against the barricade and crushed SGCt.Saneev kumar leading to his death on spot. After the conclusion of the investigation and on the basis of evidence collected by the investigating agency the commission of offences under sections 302/34 RPC and 3/30 PDPP Act was finally found made out by the investigating agency which finally led to the presentation of a challan against the accused persons before this court on 09.03.2017.
This Court after hearing the After hearing Ld PPs Himanshu Parkash and Vinay Sharma for the UT whereas counsels for the accused persons, observed, that Stubborn attitude, angry behavior and adamancy of accused persons have led to an unsavory and ghastly act, alleged to have been committed by the accused persons with common criminal intention, which has resulted in the death of one SgCt Sanjeev Kumar . Court said tha a distinction should be made between a dreaded and hardened criminal and ordinary criminal while sentencing the convict. It is not only the duty of the Court but social and legal obligations are clearly enjoined upon it to impose adequate punishment according to law while taking into consideration not only the crime, but also the criminal.
Court sentence both accused today .as per judgement the convicts, namely, Mohd Maqbool Dar Son of Abdul Ahad Dar resident of Cherakoot, Lolab Distrct Kupwara and Riaz Ahmed Malik Son of Fateh Mohd Malik resident of Village Kehnusa Tehsil Aloosa District Bandipoor, therefore, are sentenced to undergo rigorous imprisonment for life for the commission of offence under section 302 RPC and pay a fine of Rs. 10,000/-. In case of default of payment of fine the convicts shall undergo further simple imprisonment of six months. The period of detention already undergone during investigation and trial shall be set off in terms of Section 397-A Cr.P.C against the substantive sentence of imprisonment. Fine, if realized shall be paid to the legal heirs of the deceased. State Legal Services Authority J&K is recommended and requested to pay the statutory compensation to the legal heirs of the deceased in terms of victim compensation scheme.
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