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| Court awards lifer to one, five years RI to another | | Abduction, Murder in 2005 | | Shopian, Sept 10 (JNF) : Principal Sessions Judge Shopian Shujat Ali Khan today in a significant judgment awarded rigorous life-imprisonment to Mohd Ishaq Paul S/o Ghulam Rasool Paul R/o Aloora Shopian and five years rigorous imprisonment to Tariq Ahmed Sheikh S/o Abdul Aziz Sheikh R/o Manihal Shopian both Hizbul-Mujahdeen Militants in case pertaining to abduction and kidnapping of one Nazir Ahmed Kumar S/o Abdul Gani Kumar R/o Manihal Shopian.
According to the police case that on September 12, 2005 P/S Zainapora received information that some unknown gunmen abducted Nazir Ahmed Kumar from his residence with the intention to kill him. On this information FIR No 47/2005 for offences u/s 364 RPC was registered at P/S Zainapora.
During investigation of the case it was found that accused mentioned in the charge-sheet after abducting Nazir Ahmed Kumar subjected him to torture and finally killed and threw his dead-body in orchard in the out-skirts of village Harman Sharief where from, the same was recovered by P/S Shopian on September 12, 2005. It was revealed during investigation that accused Tariq Ahmed Sheikh took deceased out of residential house and handed over him to accused Ishaq Paul and Muzamil alias Nana who are said to be active militants of Hizbul Mujahdeen outfit. Accused Ishaq Paul and Muzamil alias Nana could not be arrested and they were proceeded u/s 512 CrPC (proclaimed offender). On December 30, 2005 challan was filed and the case was committed to Sessions Court for trail on June 23, 2008. During trial of the case it was brought on record that accused Muzamil alias Nana has expired and was finally dropped from the proceedings of the case. With regard to the accused Ishaq Paul, the Public Prosecutor informed that he is lodged in District Jail Kathua in some other case.
After hearing Public Prosecutor Imitiyaz Ahmed Khan for the state whereas Advocates Abdul Rashid Wagay, Junaid Ahmed Bhat, Gulzar Ahmed and Gowhar Ahmed for the accused persons, After considering the submissions of both the sides, Principal Sessions Judge Shopian Shujat Ali Khan convicted both the accused and sentenced Mohd Ishaq Paul to undergo rigorous imprisonment for life u/s 302 RPC and further to undergo rigorous imprisonment for a period of seven years u/s 364 RPC and also sentenced him to pay a fine of Rs 10,000, in default of which he shall suffer further imprisonment for a period of six months. Court further convicted Tariq Ahmed Sheikh to under RI for a term of five years u/s 364/109 RPC and fine Rs 10,000/-. |
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