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HC upheld seven years imprisonment
5/10/2023 10:31:21 PM
Early Times Report
JAMMU, May 10: Justice Sanjay Dhar of Jammu & Kashmir and Ladakh High Court upheld the rigorous imprisonment for seven years and to pay a fine of Rs.1.00 lac to Nazir Ahmed Ganie which was awarded by Principal Sessions Judge Pulwama in the year 2015 in under section 304-II RPC.
As per prosecution case, on 16th August, 2011, PW (9) lodged a written report with SHO, P/S Pulwama, alleging therein that at about 9.00 am, when his son Danish Farooq alias Umar Farooq was on his way to school, he was attacked by accused persons, including the appellant herein, with clubs. It was alleged that as a result of this attack, the deceased received fatal injuries and that all the three accused had hatched a conspiracy to kill the deceased. FIR No.25/2011 for offences under Section 302, 34 RPC came to be registered with the Police Station, Pulwama, and investigation of the case was set into motion. After investigation of the case, it was found that the appellant along with co-accused Gh. Ganaie and Maqbool Ganaie caught hold of deceased Danish Farooq and he was given beating by kicks, fists and hands. It was also found that the appellant, who was armed with a club, gave a blow on the head of the deceased with an intention to kill him, as a result of which the deceased fell down and died on spot. Thus, offences under Section 302/34 of RPC were found established against the appellant and other two co-accused and the challan was laid before the trial court.
Justice Sanjay Dhar after hearing both the sides observed that it is clear that mere protraction in trial or delay in decision of the appeal cannot be a ground for reducing the sentence, particularly when during the pendency of the appeal, the appellant has been admitted to interim bail in terms of order dated 08.11.2016 and he continues to be on bail as on today. For the foregoing reasons, I do not find any ground to interfere in the impugned judgment of conviction and order of sentence passed by the trial court. The appeal fails and the same is, accordingly, dismissed. The appellant is directed to surrender before the trial court within a period of fifteen days from today and once the appellant surrenders before the trial court, he shall be sent to jail for serving the balance sentence.In case the appellant fails to surrender before the trial Court within the aforesaid period, the trial Court shall secure his presence through coercive measures and send him to jail for serving the balance sentence. —JNF
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