Early Times Report
JAMMU, May 29: The Court of Principal Sessions Judge Jammu on Friday awarded life imprisonment to Sarwan Panday in the sensational Tawi body-chopping murder case involving the brutal killing and mutilation of Chikna Bawa, whose severed body parts were recovered from the River Tawi near Bhoothnath Mandir in 2014.
Principal Sessions Judge R.N. Watal convicted Sarwan Panday for offences under Section 302 RPC and Section 4/25 Arms Act. The court sentenced him to life imprisonment for murder and further imposed three years' simple imprisonment under the Arms Act. Both sentences shall run concurrently, subject to confirmation by the High Court of Jammu & Kashmir and Ladakh.
The case arose out of FIR No. 42/2014 registered at Police Station Nowabad, Jammu, after information was received on March 9, 2014, that the mutilated body of a man, identified as Chikna Bawa, had been found in the Tawi river. The prosecution case was that the victim's head, arms and legs had been chopped with a sharp-edged weapon, while the body was wrapped in a blanket and dumped into the river near Bhoothnath Mandir.
The court held that the circumstantial evidence against Sarwan Panday stood established through the motive, last-seen circumstances and recovery of the weapons of offence, including an axe, parth and lathi, from the temple premises where he was residing. The court concluded that it was Sarwan Panday who murdered Chikna Bawa and mutilated his body.
According to the judgment, the deceased and Sarwan Panday were connected with the sale and purchase of charas, and a dispute over money had emerged as the motive behind the gruesome killing. The court noted that Panday acted out of greed for money while indulging in the charas business.
The court, however, acquitted co-accused Mohd. Saleem Khan and Pintu Paswan, holding that the evidence against them was not sufficient to establish their involvement in the murder. The court observed that the only evidence against them related to the recovery of ashes of burnt clothes and that the same was inadequate to prove their complicity in the killing.
During arguments on the quantum of sentence, Public Prosecutor Hemanshu Parkash, appearing for the Union Territory of Jammu and Kashmir, sought capital punishment for the convict, submitting that Chikna Bawa had been murdered in an inhuman and brutal manner.
On the other hand, Advocate Tarun Sharma, appearing for convict Sarwan Panday, pleaded for leniency, arguing that the convict was not a habitual offender and had a family to maintain. Advocate Anil Bargotra appeared as Amicus Curiae for co-accused Mohd. Saleem Khan and Pintu Paswan.
Rejecting the plea for lesser punishment, the court observed that the murder of a young man in such a brutal manner deserved severe punishment and should serve as a deterrent in society. It, however, declined to impose the death sentence, holding that the case did not fall within the category of the "rarest of rare" cases.
The court directed that the record of the case, along with the judgment and sentence order, be submitted to the High Court of Jammu & Kashmir and Ladakh for confirmation. The convict was also informed of his right to file an appeal against the conviction and sentence. |
