| DB partly allows acquittal appeal, awards jail, fine | | | Early Times Report
JAMMU, July 30: A Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Justice Sanjeev Kumar and Justice Sanjay Parihar partly allowed the appeal filed by SSP Anantnag against the acquittal, convicted one accused namely Sabzar Ahmad Sofi by holding him guilty for offence under Section 304 RPC (part II) and sentence him to undergo simple imprisonment of five years with a fine of Rs.2.00 lacs.
This Acquittal Appeal is laid against the judgement dated 05.03.2005 (for short the 'impugned judgement') passed by the learned Sessions Judge Anantnag, (for short the 'trial court') in Criminal Challan No. 1B/60 Sessions, arising out of case FIR No.149/2001, under Sections 302/34 RPC of Police Station Bijbehera, in terms whereof the respondents stood acquitted of the charge of offences under Sections 302/201/34 RPC, which judgement is questioned on the premise that the trial court finding is erroneous, as it has wrongly appreciated evidence examined during the trial and has given benefit of doubt to the respondents only on the ground that there were contradictions which, however, were of minor in nature and did not prove fatal for the prosecution.
Briefly stating facts giving rise to the filing of present Appeal have got its genesis in the incident dated 18.06.2001, when deceased Ghulam Hassan Khan had gone to his paddy fields where he started blocking water channel leading to the paddy fields of the respondents, which process of blocking of water channel lead to an altercation, whereby it is alleged that the accused who were armed with agricultural appliances i.e. shovel (Liven/ Belcha and Dandas) beat the deceased with intention to kill him, and because of that beating, the deceased suffered fatal injuries who was first taken to home, thereafter to nearby Hospital at Bijbehera, from there to SKIMS Srinagar, where on 19.06.2001 he succumbs to the injuries. . Initially FIR under Section 307 RPC was registered and on his demise, same was converted into Section 302 RPC.
DB after hearing both the sides observed that after appreciating the aggravating circumstances, though the incident has happened around 24 years back, and before the trial court the respondent-Sabzar Ahmad Sofi has earned acquittal and since we are reversing his acquittal that does not mean that delayed dispensation of sentence should work to the advantage of respondent. After due consideration to the facts and circumstances of this case and for dispensing the justice and deciding the appropriate sentence, we are of the considered view in the facts and circumstances of the case that the imposition of sentence of five years' simple imprisonment with fine of Rs.2.00 lacs would meet the ends of justice.
Accordingly, Division Bench allowed this appeal to the extent of accused-Sabzar Ahmad Sofi by holding him guilty for offence under Section 304 RPC (part II) and sentence him to undergo simple imprisonment of five years with a fine of Rs.2.00 lacs. In default of payment of fine, he shall suffer further imprisonment of six months. Out of fine amount, Rs.1.90 lacs shall be paid to the kith and kin of deceased, and the rest of the amount shall be deposited in the Government Treasury. JNF |
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