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Court dismisses appeal based on false evidences
4/12/2010 12:26:15 AM
Early Times Report
Ramban: Principal Sessions Judge Ramban Bala Jyoti has upheld the conviction of accused Muzaffar Hussain of Gool convicted and sentenced by the then Judicial Magistrate Gool for his intimidating Haneefa wife of Manzoor Ahmad who was sentenced imprisonment of one year & fine of Rs.2000/-.Accused Manzoor Hussain was acting as an agent of the underground militants of the banned Organization Hizab-ul-Muzahadin & was engaged in the anti-national activities in the areas of Gool. He wrote threatening letters to Haneefa directing her pay Rs.50000/- besides providing Black Marble plates to be implanted at the grave yards of some killed militant in the area. The accused had also commanded Haneefa to supply cloth for tailors “pherans” (a traditional Kashmiri over coat used to protect from cold), some pencil cells and items. She was delivered letters in which she was asked to comply lest she was to be done with death. Haneefa emboldened threats & lodges FIR at police Station Gool, where a case was registered for anti-national activities but Additional Sessions Judge Reasi dropped some charges & remitted the case back for trial under Section 506 RPC. Judicial Magistrate Gool after complete trial convicted Muzaffar Husain on 26.02.2007 but Muzaffar Hussain had filed appeal in the Court of Sessions Judge Ramban. While maintaining sentence Sessions Judge Ramban observed that “the judgment passed by learned JMIC Gool on 26.02.2007 is well reasoned judgment & the conclusion arrived at by him is unassailable. “I do not find any infirmity in the impugned judgment in order to interfere with & set aside the same. I uphold the impugned judgment of conviction passed by learned trial court Gool u/s 506 RPC.I also do not propose to alter the sentence passed under Section 506 RPC. The appeal cannot be accepted on any grounds canvassed before this Court, which is ordingly dismissed”. The Judge held that the defence evidence produced by the accused was false and only ‘after-thought’ and in view of fool proof prosecution evidence dismissed the appeal filed by Muzaffar Hussain.
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