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| Court awards six years RI to two in culpable homicide for klling | | | Early Times Report
JAMMU, May 27: 1st Additional Sessions Judge Srinagar Anjum Ara today awarded six years rigorous imprisonment to two namely Touseef Ahmed Sofi and Mohsin Sidiq Sofi and more than 2 years to one namely Farooq Ahmed Sofi in 304-II (Culpable Homicide Not Amounting to Murder).
According to the police case that on 2507-2018, PW-01 Mudasir Ahmed Sofi in injured condition along with his father namely Noor-Ud-Din Sofi who was also injured approached police with written complaint wherein it was alleged that his father and brother have a dispute over a piece of land with A-1 Farooq Ahmed Sofi, in this regard a civil suit is pending in a court of law. As his father was present at his house on 25-07-2018,in the meantime, accused persons came to their house and caught hold of him and his father and gave them a severe beating. Accused persons A-1 to A-4 had stones and dandas in their hands. A-1 to A-4 hit a danda on his father's head and then also hit a stone on his head as a result of which his father felt unconscious and he also sustained injuries. Meanwhile accused no A-5, A-6, and A-7 (womenfolk) also came and created a scene at the spot.
On receipt of this written information, FIR was registered under crime No. 273/2018 U/s 307, 341, 34 RPC and investigation of the case was handed over to PW-14. The injured were given medical treatment at JVC, whereas the injured (deceased) Noor-Ud-Din Sofi was referred and admitted at SKIMS Soura for advanced treatment. On 26-07-2018 injured Noor-Ud-Din Sofi died during medical treatment at Soura and his dead body was taken into police custody where receipt of dead body and injury memo were prepared. Post mortem was conducted at Pantha Chowk by Medical Officer cited as Pw-11. After obtaining viscera, same was sent to FSL and GHC Srinagar. Thereafter dead body was handed over to his Legal heirs for last rites.
During investigation, site plan was prepared, statements of witnesses were recorded U/s 161 & 164 Cr.P.C. One Danda and one Stone were recovered and seized as weapon of offence and seizure memo was prepared on the spot. Both murder tools Danda as well as Stone were sent to HOD Soura for opinion which was signed by doctor. During investigation of the case offences under sections 302, 341, 34, 147, 148 RPC were found established against accused.
1st Additional Sessions Judge Srinagar Anjum Ara after hearing both the sides observed that the injuries sustained by PW-1 are also proved during trial and it is also proved beyond any shadow of doubt that the death of deceased was homicidal in nature and death was caused by the act of accused persons with the knowledge that it is likely to cause death.Under the circumstances, the prosecution has been able to establish and prove the guilt of the accused persons 1 to 3 for commission of offences under Section 323/304 Part- II/34 RPC. In view of what has been said and observed above, the accused no. 1,2 and 3 (Farooq Ahmed Sofi, Touseef Ahmed Sofi and Mohisin Sidiq Sofi)are, therefore, held guilty for commission of offences under section 323/304-II/34 RPC and the finding of holding them guilty is recorded accordingly. |
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