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| HM militant awarded death penalty | | Committed brutal murder of three, injuring five seriously of a single family | | Early Times Report
Reasi, Sept 04- In rare of the rarest case death penalty was awarded to HM militant for committing murder of three persons, besides injuring five members of the same family.
Principal Sessions Judge Reasi AK Koul today awarded death penalty to Abdul Rashid son of Abdul Majid resident of Challad Tehsil Mahore District Reasi, a Hizbul Mujahdeen Militant for committing brutal murder of three innocent people including 70 year old person and two girls of 14 and 10 years of age, besides attempting to murder five other members of the same family.
After hearing Madan Mohan Sharma Public Prosecutor for the state and BL Chattha, OP Sharma and AG Bhat for the accused while accused was also present in custody, the Judge observed that ‘Court have no hesitation in saying that crime committed by the accused is “rare of the rarest ”. It is not an ordinary murder, but a crime which has sent shock waves throughout the entire area where the occurrence took place. One can only imagine how a huge tragedy it was more particularly for survivors, their kith and kin’, so accused Abdul Rashid deserves nothing less than a death penalty as his act is not condonable. The crime committed by him is enormous in proportionate committed in brutal manner which shocks the conscious of law. So after considering all the mitigating factors, Court is still of the view that accused deserves death sentence instead of life imprisonment. While convicting the accused for death sentence for commission of offence u/s 302 RPC, he is also sentenced to imprisonment for seven years and fine of Rs 10,000 u/s 307 RPC. The accused is also sentenced to further imprisonment for five years and a fine of Rs 5000 u/s 7/25 Indian Arms Act. The sentence of imprisonment awarded u/s 307 RPC and 7/25 Arms Act shall run concurrently. In so far as punishment u/s 121 RPC and 7/27 Arms Act is concerned, it has become meaningless in view of the death penalty imposed upon the accused and no separate punishment is needed to be imposed for these two offences, Court ordered.
According to the prosecution case on March 6, 2008 at about 8:30 PM a source report was received in police post Arnas that accused Abdul Rashid, on the instigation of Pakistan based militants of ISI cadre being hell-bent to destabilize and create terror in the entire state with the assistance of other militants, hurled a Grenade in the house of Village Defence Committee Member (SPO Mohammed Mustaq), resulting into the death of 70 year Habibullah father of Mohammed Mustaq, 10 year Nagina 10- year Nazia daughters of VDC member. A part from them Fatima Begum widow of deceased Habibullah, Rafiqa Begum wife of VDC member, Zuna Bano daughter of Ghulam Mohammed son of SPO got seriously injured in the incident. A report was registered in the daily dairy of police post Arnas on March 6, 2008 u/s 302/307/120-B/121 RPC, 7/27 Arms Act and 3/4 Explosive Substance Act. The accused Abdul Rashid was arrested and during investigation he made disclosure that he has concealed five Chinese made grenades which were later recovered. A grenade pin was also recovered from the possession of accused during his personal search, besides recovering two empty cartridge of AK-47 from the scene of occurrence. Evidence was collected and statements of important witnesses were got recorded u/s 164-A of Cr PC. Accused Abdul Rashid was an active supporter of militants’ organization HM and on March 6, 2008 at about 7:30 PM accused along with Mustaq Ahmed alias Baber went to the house of VDC member, when his family members were inside their house. The VDC member saw accused Abdul Rashid who told him that he had gone to Arnas and was on his way to home and since it was too dark and so he asked SPO to manage some light, so that he could reach his home. SPO asked him to stay with him for the night but accused showed reluctance, SPO went inside the house along with accused while as accused No 2 Barber and his associate militant laid cordon of house of SPO while SPO was busy in making the arrangement of light to help accused who proceeded to his home but accused hurled a grenade inside the house of SPO and went out. The grenade blasted inside the house, two of his daughters and father became the victim and died on spot. The other members of the family got injured seriously. Mustaq Ahmed alias Baber was killed in an encounter. The investigation was started in the case after a regular complaint was received from District Magistrate Reasi where under the DM had asked the police agency to conduct investigation and also accorded sanction for launching prosecution against the accused. After completion of the investigation challan was presented in the Court of Law. JNF
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