Contract killer awarded lifer
01/10/2021
SRINAGAR, Sep 30: The Court of Principal Sessions Judge Kulgam, Presided over by Mr. Tahir Khurshid Raina, awarded life imprisonment to an accused named Shah jahan padder @ Shahlal padder S/o
Gh. Hassan padder of Mirhama, kulgam, in FIR NO- 96/2010 of police station KULGAM. He was facing trial for last 11 years in a murder case for killing Mohd Altaf padder of Mirhama, KULGAM. The case was based on circumstantial evidence wherein the prosecution succeeded in proving motive and last seen theory corroborated by disclosure statement of the accused leading to recovery of weapon of offence and other articles on the identification of the accused coupled with medical evidence & FSL report.
Briefly the case of prosecution was that the deceased Altaf padder had a strained relationship with his father Ali Mohd padder owing to his second marriage and not giving the deceased his due share in the property. On account of it the deceased had a grudge against his father & finally he wanted to get him eliminated. The deceased paid rupees fifty thousand to the accused as a contract money to kill his father. But meanwhile the things got settled between the deceased and his father & consequently the deceased demanded the money back from the accused. Not ready to part the money, the accused planned a ploy to kill the deceased to avoid repayment. He executed his plan by abducting the deceased from his home in the evening and killed the deceased in the intervening night of 25th/26th April 2010.
Court observed that as the case is based on circumstantial evidence so chain of evidence to be proved without break is sine quo non for conviction of the accused and in instant case all the prominent incriminating facts stand proved by the prosecution beyond reasonable doubt.
Addressing the argument of defence regarding lapses in investigation, court observed that the settled position of law on the point is that if case is otherwise proved by the prosecution against the accused, lapses will have no bearing on conviction of the accused.
While addressing the issue of award of punishment, court observed that after taking holistic view of the case and after hearing the counsels for the parties, I do not find it a case of rarest of rare. Accordingly court awarded life imprisonment to the accused.
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