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| Hang militants’ guide to death by neck, Court orders ‘Gruesome murder of five members of a family’ | | | Early Times Report Rajouri, Oct 01- While awarding death penalty to militants’ guide, who committed gruesome murder of five members of a family in October 2005, the District Court Rajouri has ordered that the accused by hanged by neck till he death. Principal Sessions Judge Rajouri Subash Chander Gupta today awarded death penalty to Mohammed Taj son of Mohammed Nazir of Raj Nagar Budhal Mohra Gabbar a guide of militants who committed murder of five persons of a family. After hearing Public Prosecutor appearing for the state and Advocate Deepak Sharma appearing for the accused, the Sessions Judge observed that had the accused Mohammed Taj not acted as a guide or otherwise not played active role, the militants would have not succeeded in carrying out the murder of five accused. More-so the extreme brutality with which the murder has been committed by the accused in connivance with three militants had certainly shocked the judicial conscience. Failure to impose death sentence in such a grave case of murder, where five human lives were taken without any provocation from the deceased side, will bring naught the sentence of death provided for the offence of murder u/s 302 RPC. It is the duty of the Court to impose proper sentence depending degree of criminality and desirability to impose such sentence. In the instant case accused cannot be spared from being sent to gallows. Murder of five human beings, who were undoubtedly and undisputedly helpless, innocent and unarmed at the relevant time in callous, cold blooded, barbaric and calculated manner can’t be avenged otherwise than by sentencing the accused Mohammed Taj with death penalty. Death penalty will certainly deter the like minded professional, deadened and hardened criminals, who live on crimes. It can be concluded, undisputedly that the case in hand falls under exception of rarest of rare cases, as such suitable punishment for murder committed by accused Mohd Taj is only death penalty and not life-imprisonment. Accordingly accused convicted for the murder of five persons is sentenced to death penalty by hanging him by neck till he is dead. According to the police case on October 9, 2005 at about 7 PM a group of militants entered into the house of Munshi Ram son of Nihal Chand of Raj Nagar Budhal Mohra Dhar and murdered five persons by slitting their throats. The said group of militants trained in handling sophisticated weaponry and at the instance of ISI- a Pakistan Spying Agency- was involved in harassing general public and in attacking the police and security forces by laying ambushes. The prosecution further submitted that militants accompanied by their guide Mohammed Taj entered the house of Munshi Ram and Soba Ram situated at Mohra and murdered Munshi Ram, his two sons namely Rajinder Kumar alias Kala and Hans Raj and Soba Ram and his son Suresh alias Vicky by slitting their throats. The militants had also murdered Kartar Singh and his three sons namely Daleep Singh, Punjab Singh, Kashmir Singh and also Stabir Singh son of Hakim by also slitting their throats. In this regard separate FIR NO 47/2005 was registered. After concluding the investigation of FIR 46/2005, the Investigating Officer proved the commission of offence u/s 302, 120-B, 121, 122 RPC and 4/27 Arms Act against accused persons namely Mohammed Yasin alias Amir Khan, Sanghar Pathan alias Abbu Hamja and Sakeel Ahmed all residents of Pakistan whereas offences u/s 302/120-B RPC were proved against the accused Mohammed Taj and Altaf Hussain who has already been acquitted JNF.
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