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| HC commutes death sentence to life-imprisonment | | | EARLY TIMES REPORT
Jammu, October-07 (JNF):- A Division Bench of J&K High Court Jammu Wing comprising Justice Mansoor Ahmed Mir and Justice Sunil Hali today commutes death sentence of appellant Abdul Rashid into life imprisonment and allowed the appeal to the extent to modify the death sentence awarded by Trial Court.
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 Pakistan Inter Service Intelligence (ISI) cadre being hell-bent to destabilized and create terror in the entire state with the active and assistance of other militants hurled a Grenade in the house of Village Defence Committee Member (SPO Mohd Mustaq), result was death of Habibullah age 70 years father of Mohd Mustaq, Nagina age 14 years and Nazia age 10 years daughters of VDC member. A part from them Fatima Begum w/o deceased Habibullah, Rafiqa Begum w/o VDC member, Zuna Bano daughter and Ghulam Mohd 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 was registered in police station Mahore, Abdul Rashid was arrested and during investigation he made disclosure that he has concealed five Chinese made grenade which recovered. His disclosure statement was recorded and recovery was affected. A grenade pin was recovered from the possession of accused during his personal search, two empty cartridge of AK-47 were also recovered from the scene of occurrence. Evidence was collected, statements of important witnesses were got recorded u/s 164-A of CrPC. Accused Abdul Rashid was an active supporter of militant organization HM. 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 proceed 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 become the victim and died on spot. The other members of the family got injured seriously. According to Investigating Officer the Mustaq Ahmed alias Baber and accused Munir Hussain alias Mansoor against whom General Arrest Warrants u/s 512 CrPC was issued whereas as 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 asked the police agency to conduct investigation. This was necessary u/s 196 of CrPC. The District Magistrate Reasi also accorded sanction for launching the prosecution against the accused and after completion of the investigation challan was presented in the Court of Law.
The judgment written by Justice Mansoor Ahmed Mir for the Division Bench after Adv BL Chatha and Adv Anil Gupta for the appellant whereas Deputy AG BR Chandan appears for the state and Ors referred the judgment of the Trial Court dated September 4, 2009 whereby the appellant was convicted u/s 302/307/121 RPC and section 7/25 Indian Arms Act and 7/27 (3) of Arms Act and sentenced to death for commission of offence u/s 302 RPC and u/s 307 RPC he is also sentenced to imprisonment for seven years and fine Rs 10,000, The accused is sentenced to further imprisonment for five years and a fine of Rs 5000/- u/s 7/25 Indian Arms Act. Division Bench after gone through the statement of prosecution witnesses and referred the various judgments of the Supreme Court of India and observed that prosecution has failed to prove the accused had hatched a conspiracy or has waged a war. There is nothing on file suggesting the fact that the accused was involved in any militancy related activities or has done any act which would be considered that the conduct of the accused was a dangerous. But, there is evidence on the file which proves that relations between the appellant/accused and deceased family were cordial. DB further observed that keeping in view of law laid down by Apex Court coupled with the facts and circumstances of the case, Court is of the considered view that the present case does not fall within the category of rarest of rare cases. The appellant accused is sentenced to life-imprisonment for the commission of offence punishable u/s 302 RPC. Sentence awarded for the commission of offences u/s 307 RPC and 7/27 (3) Arms Act are maintained and shall run concurrently. JNF
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