DB upholds life-imprisonment of Area Commander of HM

27/09/2022
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JAMMU, Sep 26: A Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Justice Ali Mohammad Magrey and Justice Mohd Akram Chowdhary uphold the life-impriosnment of Farooq Ahmed S/O Abdul Rashid R/O Basti Bhaderwah Area Commander of HM who is convicted by the trial in murder of one Abdul Qayoom S/O Gh. Rasool Sheikh R/O Sartingal, Tehsil Bhaderwah for creating terror.
According to the police case that On 14.11.2002 at about 7.00 am an information was received in PS Bhaderwah from reliable sources that some unknown terrorists armed with weapons entered the house of Abdul Qayoom S/O Gh. Rasool Sheikh R/O Sartingal, Tehsil Bhaderwah and fired indiscriminately at him, killing him on spot. On the strength of this report FIR No.126/2002 for the commission of offences u/s 302, 460, 121-A RPC, 7/27 Arms Act was registered in PS Bhaderwah and the investigation was entrusted to PW15 Anzer Ahmed PSI. The I.O went on spot and after spot inspection prepared site plan, seized four empty cartridges from spot and sealed them, seized the dead body and after postmortem handed over the dead body to the heirs of deceased. Seized and sealed the blood stained clothes of the deceased. A 'Bukhari' and a steel plate with marks of bullets were also seized. The seized empty cartridges and clothes were got re-sealed through magistrate and sent to FSL Jammu for chemical analysis. Statements of witnesses u/s 161 Cr.P.C were reduced to writing. The investigation concluded finding the accused persons guilty for the commission of offences punishable u/s 302, 460, 121-A RPC, 7/27 Arms Act and accordingly this charge sheet was laid before the Court.
The Division Bench after hearing both the sides observed that some of the eye-witnesses stated that there were some more persons when the appellant-accused committed the murder of the deceased but they had not entered the house where the offence was committed and it was only the appellant-accused who had committed the offence. Moreover, two more persons, who had been arrayed as accused in the case by the prosecution, had died before the appellant was produced before the court of law to face trial. Appellant was the main offender, who was charged to have committed the murder and the other accused persons who were stated to have accompanied him at the time of commission of the murder, had died before framing of charge. In-fact the charge of abetment or criminal conspiracy was against other accused and not the appellant. Therefore, there was no need to charge the appellant-accused, a main perpetrator of the crime, to be charged for the offences of criminal conspiracy or abetment. This plea of the appellant is also found without any merit and substance. Having regard to the afore-stated reasons, Division Bench is of the considered opinion that the trial court has rightly connected the appellant-accused with the commission of offence, of which he was charged under Section 302 RPC and acquitted him of other charges particularly the offence under Section 7/27 Arms Act in view of the fact that the weapon of offence was not recovered. The trial court, after marshalling the evidence brought on record and apt appreciation, has passed a very reasoned judgment and the appellant-accused has failed to point out anything that could be fatal to the prosecution case. In our opinion the impugned judgment / order do not call for any interference while exercising appellate jurisdiction.
with these observations, Division Bench dismissed the appeal and accepted the reference made by the Trial Court and confirmed the life-imprisonment of appellant.

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