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| DB upholds life-imprisonment of Hizbul terrorist in murder case | | | Early Times Report
Jammu, Sept 13: A Division Bench of Jammu & Kashmir and Ladakh High Court Srinagar Wing comprising Justice Vinod Chatterji Koul and Justice Mohan Lal has upheld the life-imprisonment of Hizbul terrorist Abdul Hameed Teeli.
Teeli had filed appeal against the judgment of conviction and order of sentence dated 26.06.2016& 29.06.2016 rendered by the court of Ld. Pr. Sessions Judge Kulgam in file No. 75/S titled State V/S Ab. Hamid Teeli, whereby, appellant has been convicted and sentenced in FIR No. 18/2002 of Police Station D.H. Pora (i) to undergo life imprisonment and fine of ? 20000/- u/s 302 RPC and in default of payment of fine to further undergo imprisonment for six months, (ii) to undergo imprisonment for 3 years u/s 452 RPC, and (iii) to undergo 5 (five) years imprisonment and fine of ? 1000/- u/s 7/25 Arms Act for commission of offence of murder of one Nazir Ahmed Wagay @ Galwan.
The prosecution case against appellant/convict is, that on 22.02.2002 police of Police Station D.H. Pora received information from reliable sources that some unknown gunman entered into house of one Nazir Ahmed Wagay and fired upon him, killing him on spot. The said information resulted in registration of FIR No. 18/2002 of P/S D.H. Pora for commission of offences punishable under sections 302,307,326,452 RPC r/w 7/25 Arms Act and the investigation culminated in the production of challan before the court of law in absence of the accused persons. During investigation, it was established by the statements of eye witnesses that accused person namely Ab. Hamid Teeli & Rafiq Ahmed Wani who were the active militants of Hizbul Mujahidin had committed the offence. Accused Rafiq Ahmed Wani got killed in an encounter with security forces on 10.09.2002 at Danew Kandiwmarg, as such, his name was deleted from the charge sheet.
DB after hearing both the sides observed that After churning the entire prosecution evidence once again by us being the First Court of Appeal, we are of the considered view, that the prosecution has been able to prove the charges punishable u/ss 302/452/34 RPC r/w 7/25 of Arms Act against appellant beyond any reasonable doubt, and therefore, his conviction for the said charges deserves to be upheld. The net result now surfaces is, that instant appeal stands dismissed, while the conviction and sentence rendered by the trial court for commission of offence u/s 302/452/34 RPC r/w 7/25 of Arms act against appellant/convict stands upheld and confirmed. Confirmation Cr. Ref. No. 4/2016 is answered accordingly. (JNF) |
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