Early Times Report
Jammu, Nov 28(JNF): Principal Sessions Judge Poonch Jaffer Hussain Beigh today awarded rigorous life-imprisonment to four of a family in murder case. The case arises out of a report lodged by Sher Mohammad Khan at 15.00 hours on 17th Feb.2008 at the aforesaid Police Station that the accused and the complainant are the resident of same area and are closely related to each other. But have strained relations over a piece of land. The further narration of the complainant is that for a long on that day at about 2 pm the accused Mohammad Arif Khan, Mohd Zaman Khan, Riaz Ahmed Khan, Mohd Maqsood Khan, Sakina Bi, Mushtaq Ahmed Khan, Mohammad Shafeeq Khan and Abdul Rashied Khan with common criminal intention to commit murder at the instigation of accused Mohd Shafi Khan and Abdul Rashied Khan, attacked him, his sons, namely, Mohd Farooq, Mohd Qayoom, Mohd Javed and other family members in front of their house with lathies,iron pipe and axe.
The accused Mohd Zaman inflicted axe injury on the head of his son Mohd Farooq when the other accused persons started beating him and his family members with lathies ,iron pipe etc. During the course of occurrence his son Mohd Farooq was killed . The dead body is lying on the spot and the other family members including him were injured. Action under law is required to be taken against the accused persons. On this FIR No.07 of the year 2008 for commission of offence u/Ss 302,147,148, 149, 109 RPC stood registered in Police Station Mandi. During the course of investigation police went on spot, prepared the site plan, recorded the statement of the witnesses conversant to the facts, referred the injured for medical treatment at Sub District Hospital Mandi. After conducting the postmortem of the deceased obtained the postmortem report and handed over the dead body to his heirs for cremation.
Disclosure statements of the accused leading to the recovery of weapon of offences were also recorded and the seizure memos were prepared. After completion of the investigation offences u/Ss 302,323,297 read with section 34 RPC were established against accused Mohd Arif Khan, Mohd Zaman Khan, Riaz Ahmed Khan and Mst. Sakina Begum and offence u/Ss 303 read with section 109 RPC were established against the accused Abdul Rashied Khan but no offence was established against accused Maqsood Ahmed, Mohd Shafi and Mushtaq Ahmed who were given the benefit of section 169 of CrPC. Accordingly the challan was presented before the court.
After hearing Choudhary Nazir Hussain, Public Prosecutor for the State whereas Advocate Taj Hussain Shah for the accused persons, Principal Sessions Judge Poonch Mr. Jaffer Hussain Beigh convicted the accused Mohd Arif Khan, Mohd Zaman Khan ,Riaz Ahmed Khan and Mst. Sakina Begum for commission of offences under sections 302 read with section 34 RPC and observed that for awarding death penalty, the "rarest of rare" case comes when a convict would be a menace and threat to the harmonious and peaceful coexistence of the society. The circumstance and the manner of committing the crime should be such that it pricks the judicial conscience of the Court to the extent that the only and inevitable conclusion should be awarding of death penalty which in my opinion does not arise in the instant case. For these reasons I find that the case does not fall within the category of 'rarest of rare case'. I accordingly sentence each of the accused, namely, Mohd Arif Khan, Mohd Zaman Khan, Riaz Ahmed Khan and Mst. Sakina Begum to undergo rigorous imprisonment for life and also to pay a fine of Rs.5000/- for the commission of offence under section 302 RPC. The accused be lodged in Central Jail Kote Bhalwal Jammu for undergoing the above said sentences imposed upon them. |
