| HC acquits 2, commutes life sentence of Hizb militant | | | Et Report
Srinagar, Feb 24 : Jammu and Kashmir High Court today acquitted two militants of Hizbul Mujahideen while as it reduced sentence of another from life to 10-years.
Principal Sessions Judge Kathua had convicted Mohd Shabir Code Gazi and Raj Din under Section 7/27 (3) Arms Act and sentenced them to death with fine of Rs. 10,000. The court had further convicted them under Section 302 RPC and sentenced to imprisonment for life and fine of Rs. 10.000. They were further convicted under Section 460 RPC and sentenced to imprisonment for life and fine of Rs. 10,000.
They were also directed to suffer imprisonment for one year and fine of Rs.5,000 under Sections 148/149 RPC; Similarly, the court had convicted one , Nazir Ahmed under Section 212 RPC and sentenced him to imprisonment for three years with fine of Rs.5,000. Aggrieved of the order, the accused filed separate appeals before the Jammu and Kashmir High Court which were disposed off today by a division bench comprising Justice Mohammad Yaqoob Mir and Justice Muzaffar Hussain Attar. "Accused Mohd Shabir is convicted and sentenced for having committed offence punishable under Section 304-II RPC for which he shall undergo imprisonment of ten years and fine of Rs 15.000. For offence punishable under Section 460 RPC, he shall suffer imprisonment of ten years, and imprisonment of seven years and fine of Rs.20.000 and for offence punishable under Section 5/27(1) Arms Act," the court said, adding, "All the sentences shall run concurrently. Period of detentionunderg one shall be set off. In default of fine he shall further undergo imprisonment of six months. In case fine is deposited same shall be paid to the victim, family of the deceased."
Similarly, the court set aside conviction and sentence against accused Raj Din and Nazir Ahmad as such they were acquitted.
"Nazir Ahmad shall stand discharged of his surety and bail bonds whereas appellant Raj Din shall be set free forthwith if not otherwise required in connection with any other case." As per prosecution, on 27.11.2002, Police Station Bani received information from reliable sources to the effect that on the intervening night of 26/27th of November, 2002 at about 11 p.m., seven militants belonging to Hizbul Mujadhadin armed with deadly weapons led by accused Mohd Ashraf and Farid at the instance of ISI of Pakistan with the object of spreading terror and for separating Jammu and Kashmir State from India and to cause damage to the integrity of the Country, entered into the house of one Abdul Majid and started beating him whereas accused Mohd Shabir opened fire and injured Abdul Majid, whereas other accused inflicted injuries with the butts of their rifles and thereafter fled from the scene of occurrence.
On the hue and cry of family, villagers assembled and took Abdul Majid to Hospital located at Bani. On such information, case has been registered for the commission of offence punishable under Sections 302/460/148/149/ 201/212 RPC and 7/27 Arms Act On completion of investigation, it was found by the Investigating Agency that on the intervening night of 26/27 of November, 2002 accused Mohd Shabir Code Gazi, Mohd Ashraf, Raj Din, Farid, Ashaq all along with two other unknown militants in furtherance of common object with criminal intention entered into the house of Majid and started beating the him and then tied the legs and arms of the Majid.
Prosecution said Mohd Shabir Code Gazi opened the fire which hit the right leg of the Abdul Majid, who finally succumbed to the injuries. |
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