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| Court awards life-imprisonment to two HM terrorists | | | Early Times Report
Jammu, July 21: Principal Sessions Judge Ramban Deepak Sethi today awarded life-imprisonment to Mohd. Mumtaz and Farooq Ahmed an alleged militant of banned organization HM who is facing trial for the last 22 years.
Brief facts of the case are that on 17/12/2003 a report from reliable sources was received in Police station Gool that on 16/17 December in the morning, unknown militants had brought out one Mushtaq Ahmed S/o Sadar Din R/o Gagarsullah Daram Gool, from his residential house on gun point and was killed outside and that the dead body was lying on spot. Further that the militants had abducted Zaheer Ahmed S/o Ghulam Ahmed Hafizullah S/o Mubarak Shah and Mohd. Yaseen S/o Ahmed Shah, all residents of Gagarsullah Daram with an intention to kill them. On receipt of this report, FIR no. 88/2003 for offences under 121-A 120-B, 302/364 RPC, & 7/27 Arms Act was registered.
After completion of investigation, offences under section 302/364,121-A RPC &, 7/27 Arms Act have been proved against Mohd Mumtaz S/0 Haleem Gujjar R/o Hara Gool, Riaz Ahmed S/o Akbar Shah, Farooq Ahmed S/o Abdul Rehman Beig, Shahjahan s/o Gul Mohd Shah, resident of No: 100034/2011 Gagarsullah Daram Tehsil Gool Mohor, District Udhampur, Mohd Rafiq S/o Abdullah R/o Sumad Tehsil Ramban, District
Doda. After committing offences, they absconded and they are the members of HM Organization. The challan against the accused has been produced in their absence under section 512 Cr.P.C.
Principal Sessions Judge Ramban Deepak Sethi after hearing both the sides observed that keeping in view the antecedents of the convicts particularly their surrender, their intentions to come back to the society, their family back-ground particularly the dependent members of the family on the convicts. I think these are the mitigating circumstances to be kept in consideration while deciding the quantum of sentence to be imposed on the convicts. For the reasons and circumstances made hereinabove I do not see that the facts satisfy the test which could bring the case of the convicts within the ambit of the rarest of rare case and for the facts stated hereinabove I don’t think convicts Mohd. Mumtaz S/o Haleem Gujjar R/o Hara Gool and Farooq Ahmed S/o Abdul Rehman R/o Dharam Tehsil Gool District Ramban can be awarded capital punishment prescribed u/s 302 RPC and sentence of life imprisonment for the offence u/s 302 RPC would be adequate. Accordingly, both the accused namely Mohd. Mumtaz S/o Haleem Gujjar R/o Hara Gool and Farooq Ahmed S/o Abdul Rehman R/o Dharam Tehsil Gool District Ramban are sentenced to undergo life imprisonment for commission of offence u/s 302 RPC and both the convicts are sentenced to undergo 10 years imprisonment for the commission of offence u/s 364 RPC. Both the sentences shall run concurrently, to be effective from the date of the arrest of the convicts. JNF |
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