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| DB converts death penalty into life imprisonment | | |
JAMMU, AUGUST-03
Division Bench of Jammu and Kashmir High Court Jammu wing comprising Justice Virender Singh and Justice Mansoor Ahmed Mir today converted death penalty into life imprisonment of accused Mohammed Sharief who along with Amar Hussain committed murder of his father-in-law and mother-in-law on property dispute on August 22, 1998.
Accused filed criminal appeal against the judgment of the then Principal Sessions Judge Poonch passed on August 9, 2005 whereby Court below convicted and sentenced accused Mohammed Sharief to death penalty u/s 302 RPC and also rigorous imprisonment for three years and five years for commission of offences u/s 380 and 449 RPC. Court below convicted and sentenced other accused Amar Hussain u/s 302/34 RPC with life imprisonment and eight years imprisonment u/s 380/449 RPC and fine of Rs 500 and Rs 1000..
According to the police case that P/S Surankote received information on August 22, 1998 that deceased Mohammed Yousuf and his wife Resham Bi were murdered at their home at Dhara, Samote. This information set the police in motion and during the investigation statement of 37 year Gulnaz Begum, daughter of accused Mohd Sharief, who was the eye-witnesses and was present at the time of occurrence in the house, was recorded in which she alleged that her father and Amar Hussain committed murder of her maternal grand-parents. Court below awarded the death penalty to Mohd Sharief and Life Imprisonment to co-accused Amar Hussain. Against this judgment appeal was filed in which Sr. Adv MA Goni with Adv Ahtsham Hussain appeared for the appellants and Additional Advocate General Mr. AH Qazi appeared for the state.
In the judgment written by Justice Mansoor Ahmed Mir for the Division Bench referred various judgments of the Supreme Court and observed that judging this case from another angel that accused/appellants have not killed Gulnaz Begum who was present at the occurrence may be because accused Mohd Sharief is his father, is suggestive of the fact that accused Mohd Sharief has not acted brutally, thereby this case does not fall within the ambit “rarest of the rare case”. Keeping in view that the child is a star witness, DB is of the considered view that case of Mohd Sharief does not fall within the definition of rarest of the rare cases, and accordingly DB deems it fit to convert death penalty into life imprisonment. The judgment of conviction is upheld but the order of sentence is modified to extent of death penalty which is converted into life imprisonment.
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