DB upholds life-impriosnment in murder case

18/02/2017

JAMMU, Feb 17: While deciding murder case whose trial started in 2002, A Division Bench of State High Court Comprising Justice Mohammad Yaqoob Mir and Justice BS Walia today uphold the life-impriosnment of Mohammad Iqbal son of Imam Din Jaral resident of Mangota Tehsil Doda who was facing trial in murder case.
While upholding the life-impriosnment, Justice Mohammad Yaqoob Mir who wrote the judgment for the Division Bench observed that Humanity feels ashamed when a human being murders another human being. To give vent to enmity and to bury humanity cannot be acceptable to civilized society and a young man (deceased) just thirty-five years old has been deprived of so many summers of his life. Alas! Gone are the days when people hearing about murder of a human being would feel that the sky has turned red.
According to the prosecution case that on 29.6.2002 deceased Saidulla Paray and other persons were sitting in a hotel (a shop run under the style of Muslim Hotel) owned by Jameel Ahmed, in the meanwhile at about 12.45 PM, appellant (accused) entered, sat on a table, started writing letter, then quietly moved out and went to an adjacent Butcher shop of Haq Nawaz, picked up the Butcher's knife ("Toka" as referred to in the judgement impugned) from the Butcher's block ("wooden bar" as referred to in the judgement impugned), came back running and entered into the hotel. The Butcher Haq Nawaz chased him but while entering into the hotel gave two forceful blows with the butcher's knife one on the head and another on the face of the deceased, then left Butcher's knife there and ran away. He was again chased by Haq Nawaz (Butcher), while running towards old bus stand, Haq Nawaz raised voice, with the aid of CRPF personnel stationed there, accused was caught hold of and taken to the police station. The persons who were sitting in the hotel took the deceased to the SDH Doda. Police registered the case as FIR No.82/2002 P/S Doda.
Division Bench after thoughtful consideration, the facts, law and on appreciation of the evidence adduced by both sides, we are of the considered opinion that the appellant with all calculations had intended to eliminate the deceased. Ruthlessly he has brutally given two forceful blows with butcher's knife one on the head of the deceased and the other on the side of head on face whereby deceased suffered serious injuries as noticed hereinabove and finally succumbed to the injuries and further observed that do not find any illegality, infirmity or perversity in the judgment. Learned trial Court has on proper appreciation of evidence and proper application of law passed well reasoned judgment which does not call for any interference. Impugned judgment and order as such is upheld. JNF

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