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| DB upholds life-imprisonment of accused involved in triple murder case | | | Early Times Report
Jammu, Jun 15: In a triple murder case the Division Bench of J&K High Court comprising Justice JP Singh and Justice Sunil Hali today upheld the life-imprisonment awarded by Trial Court on November 17, 2006 against accused Sultan Ganai who committed murder of Bakhti wife Gani Lone, her son Ghulam Mohammed Lone alias Gulla and Mohammed Yasin Peer on October 23, 1998.
In its 23 page approved for reporting judgment written by Justice JP Singh, the Division Bench observed that conscious of the fact that the prosecution witnesses are related to the deceased, DB minutely examined their statements and find that the prosecution has succeeded in establishing the appellant’s presence at Sultan Lone’s house on October 23, 1998 before the occurrence, his carrying a gun with him under his ‘Phern’ and despite settlement of Gulshan’s matrimonial dispute of her going back to her-in-law’s house. The prosecution has successfully proved by its evidence during the Trial of the case that the appellant with intention to commit, had, fired from his gun at Bakhti, Ghulam Mohammed Lone and Mohammed Yasin Peer who died on spot as a result of the bullet injuries fired from appellant’s high velocity gun in the compound of the house of Sultan Lone. DB, however, observed that the prosecution has failed to prove that the appellant had fired from the AK-56 rifle which has been seized in the case and accordingly set-aside the judgment of Trial Court in so far as it convicts and sentences the appellant u/s 27 of the Arms Act. DB upheld appellant’s conviction u/s 302 RPC and confirmed the sentence of life-imprisonment and fine of Rs 2000 as awarded by the Trial Court.
According to prosecution story one Gulshan married to Ghulam Mohammed Lone, one of the deceased deserted her parental house following a quarrel. A meeting was arranged at Sultan Lone’s house to resolve the dispute which concluded with the settlement that Gulshan would return to her in-law’s house. Bakhti, Ghulam Mohammed Lone and family friend Mohammed Yasin Peer were on their way back home when they were fired in the compound of Sultan Lone’s house by the appellant with AK-56 Rifle. The incident is reported to have taken place in pursuance to a conspiracy hatched by three persons namely Sultan Ganai, Ahmed Lone alias M-Machloo and Ahad Lone. The appellant, who though married, was hell-bent for a contract marriage with Gulshan with whom he is stated to have love-affairs. In furtherance of the conspiracy Ahmed Lone had procured AK-56 rifle from Abdul Sattar Mir Special Police Officer attached to security Guard with Ch. Jalal-ud-Din and delivered it to the appellant, a surrendered militant to kill Gulshan’s husband. The accused Ahad Lone was discharged by the Trial Court on May 26, 2004 as no material was found to have been collected by the Investigating Agency against him. Sultan Ganai and Ahmed Lone were however tried u/s 302/34 RPC and 7/25, 27 Arms Act. After appreciating the evidence and the material produced in the case, the Trial Court acquitted Ahmed Lone alias M-Machloo finding the prosecution having failed to prove any case against him. The appellant was however, convicted and sentenced u/s 302 RPC to imprisonment for life and fine of Rs 2000 for committing murder of three persons besides rigorous imprisonment for seven years and fine Rs 1000 u/s 27 of the Arms Act. This judgment was passed by the Trial Court on November 17, 2006. Aggrieved by this judgment, the appellant filed criminal appeal which was decided today.
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