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RI for life to HM militant in murder case
7/8/2014 11:50:11 PM
Jammu, July 8: Principal Sessions Judge Bhaderwah MK Sharma today awarded rigorous life-imprisonment to Farooq Ahmed S/O Abdul Rashid R/O Basti Bhaderwah Area Commander of HM who was facing trial in murder of one Qayoom S/O Gh. Rasool Sheikh R/O Sartingal, Tehsil Bhaderwah for creating terror.
According to the police case that On 14.11.2002 at about 7.00 am an information was received in PS Bhaderwah from reliable sources that some unknown terrorists armed with weapons entered the house of Abdul Qayoom S/O Gh. Rasool Sheikh R/O Sartingal, Tehsil Bhaderwah and fired indiscriminately at him, killing him on spot. On the strength of this report FIR No.126/2002 for the commission of offences u/s 302, 460, 121-A RPC, 7/27 Arms Act was registered in PS Bhaderwah and the investigation was entrusted to PW15 Anzer Ahmed PSI. The I.O went on spot and after spot inspection prepared site plan, seized four empty cartridges from spot and sealed them, seized the dead body and after postmortem handed over the dead body to the heirs of deceased. Seized and sealed the blood stained clothes of the deceased. A 'Bukhari' and a steel plate with marks of bullets were also seized. The seized empty cartridges and clothes were got re-sealed through magistrate and sent to FSL Jammu for chemical analysis. Statements of witnesses u/s 161 Cr.P.C were reduced to writing. The investigation concluded finding the accused persons guilty for the commission of offences punishable u/s 302, 460, 121-A RPC, 7/27 Arms Act and accordingly this charge sheet was laid before the Court.
Principal Sessions Judge Bhaderwah MK Sharma after hearing Public Prosecutor Fareed Ahmed Beigh for the State whereas Advocate Imtyaz Mir for accused observed that the convict has been convicted for the commission of offence punishable u/s 302 RPC. The offence u/s 302 RPC carries the punishment of death or imprisonment for life and with fine. This is a case of murder of a young man of 37 years age without any enmity but with an intention to create terror. There is nothing so uncommon about this crime to deem it as exceptional case in which instead of life imprisonment, death sentence could be awarded. Though an innocent person has lost life in the instant case but it does not fall in the category of rarest of rare cases where the death sentence is warranted. The convict is therefore sentenced to rigorous imprisonment for life and fine of Rs. 5,000/- for the commission of offence u/s 302 RPC. (JNF)
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