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| DB upholds life imprisonment to 5 associates of ultras | | | EARLY TIMES REPORT
JAMMU, May 02: A high court division bench of Justice Virender Singh and Justice Sunil Hali today upheld the trial court verdict of life imprisonment to five associates of militants.
The accused -- Barkat Ali, Mohammad Sadiq, Mohammad Iqbal, Mehandia and Sain -- were involved with militants in the killing of eight members of a particular community and causing injuries to five
others at Dansal Morha Dandli in Arnas, Reasi, on April 7, 2002.
Proceedings under section 512 of CrPC had been initiated against the escaped militants.
According to police case, the information about the massacre was received at Arnas police post in the wee hours of April 8, 2002.
Though VDC members retaliated, militants killed eight persons and wounded five others, besides setting ablaze some houses..During investigation, it became known that the accused had entered
into criminal conspiracy with militants -- Gulam Ali, son of Haji Lala of Dandli, Hussain, son of Gulam Ali of Hariwala, his brother Muneer, Danish and his brother Abrar -- to endanger the security of
the country and the state and, as such, committed massacre of eight members of a particular community. They had also set on fire 18 houses.
It was also revealed that on the day of the carnage, Mohammad Sadiq had called Soba Ram from his house and got him murdered by the militants. His dead body was having slit marks. All the
accused persons were also shouting anti-India slogans.
After the completion of investigation, challan was presented in the court of law under sections 302, 307, 436, 120-B, 121, 121-A, 123, 324 and 325 of RPC read with sections 7/25 and 26/27 of arms act
and 4/5 of explosive substance act.
The court, on October 18, 2006, awarded life imprisonment to the five accused who later filed an appeal in the high court against this order.
The division bench observed that in criminal jurisprudence, moral conviction or moral acquittal had no place. In the case at hand, identity of appellant Sain was established to the hilt and at the
same time, role attributed to him was virtually the same, which was attributed to his co-accused, one out of them was his son only. All the five accused had accompanied the militants at the scene of
crime, facilitated them in their design and disappeared from the scene after killing many persons and causing injuries to several others. Therefore, the case of Sain did not call for segregation
by extending him the benefit of doubt. With these observations, the division bench upheld the life
imprisonment of accused awarded by the trial court. ( JNF)
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