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| Court awards 11 years imprisonment to two in attempt to murder case | | | Early Times Report
Jammu, Oct 30: 2nd Additional Sessions Judge Jammu Virender Singh Bhou today awarded 11 years imprisonment to Ghulam Mustfa alias Matta son of Fazal Karim caste Gujjar resident of Sagar Nallah Graint Ranjan Tehsil Jammu and Abbas Ali Naqvi son of Rehmat Shah Caste Sayeed resident of Bye Dhara Gursai Tehil Mendhar District Poonch in attempt to murder case.
Briefly stated the prosecution story is that on the basis of a verbal report lodged on 18.03.2005 at 2.15 pm by complainant Sham Din alleging therein that his son, namely, Kala Khan was married with the sister of accused Ghulam Mustfa son of Fazal Karim and two months ago accused Ghulam Mustfa due to enmity with him and also threatened his son of dire consequences. Today at about 1.00 pm when he alongwith his son, Lain Din and son of Kala Khan were fencing their land, accused Ghulam Mustfa and one unknown person came on spot and called his son, however, he did not go there and instead tried to run towards his house. Both the accused persons followed and overpowered his son in the compound of the house. Said unknown person pushed his son due to which he fell on the ground and accused Ghulam Mustfa with criminal intention and after hatching criminal conspiracy in order to attempt to eliminate, attacked on the head of his son with Parthi (agricultural implement used in cutting branches of trees, bushes etc) lying in the compound, however, his son kept his arm on his head and due to the infliction of injury with Parthi, his left arm was chopped and blood started oozing. On making hue and cry some people assembled on spot and both the accused fled from the spot. On the basis of this report FIR No. 14/2005 for the commission of offences punishable under sections 307/326/451/34 RPC was registered and investigation was entrusted to Shri Waseem Raja ASI.
2nd Additional Sessions Judge Jammu Virender Singh Bhou after hearing APP KA Qazi for the State , observed that convicts, namely, Ghulam Mustfa and Abbas Ali Naqvi, therefore, are sentenced to undergo rigorous imprisonment for 10 years for the commission of offence under section 307 RPC and pay a fine of Rs. 10,000/- each. In case of default of payment of fine the convicts shall undergo further simple imprisonment of two months. Convicts are further sentenced to undergo rigorous imprisonment for 1 year commission of offence under section 451 RPC and a fine of Rs. 1000/-. In default of payment of fine convicts shall serve simple imprisonment for one month. The period of detention already undergone during investigation and trial shall be set off in terms of Section 397-A Cr.PC against the substantive sentence of imprisonment. Fine, if realized shall be paid to the injured-victim. As injured-victim has lost his one arm, so, he is required to be adequately compensated and convicts are under obligation to pay compensation to the injured for their criminal act because their punishment will not satisfy the injured-victim, who has suffered a lot as a result of commission of the crime by the convicts. So, both the convicts are directed to pay a compensation of Rs. 25,000/- each. Further, under the victim compensation scheme 2019 formulated by the government of J&K as per SRO 442 of 2019 Member Secretary, Legal Services Authority is recommended and requested to pay the statutory compensation to the injured-victim, namely, Kala Khan son of Sham Din resident of Kala Kam tehsil Jammu North District Jammu to the tune of Rs. 2.00 lacs. A copy of this order be forwarded to Worthy, Chairman, District Legal Services Authority, Jammu for information & necessary action in this regard. -JNF |
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