Court awards lifer to militant for killing surrender militant

31/01/2023

JAMMU, Jan 30: Principal Sessions Judge Reasi RN Wattal today awarded rigorous life-imprisonment to Bashir Ahmed militant who killed Asgar Ali surrendered militant who was police trainee at Police Training Centre Manigam at the time of murder.
Brief facts of the prosecution case are that on 27/09/1999 a complaint was received at P/S Mahore with the averments in brief that one Asgar Ali s/o Jamaldin patwari R/o Gulab Garh, surrendered militant who was police trainee at Police Training Centre Manigam and was on leave to meet his family members, aged 25 year, was abducted from village Gulab garh on 26/sep/1999 at about 2000 hrs and killed by unknown militants by shooting on intervening night of 26/27 sept 1999 and exact time of incident couldn't be ascertained, BSF party rushed to spot, a payer for lodging of FIR and investigation in the case was made in the complaint. Accordingly FIR NO. 130/1999 for the commission of offences u/s 302/364 RPC, 3/25 Arms Act was registered at P/S Mahore, the investigation commenced, and assigned to Sh. Mohd. Sharief ASI, who went on spot prepared the site plan, got conducted the postmortem of deceased, obtained its report, prepared the seizure memo of the clothes, seizure memo of the spent Cartridges, sealed the same and sent to FSL Jammu, received the FSL Report, recorded the statements of witnesses u/s 161 Cr.P.C and investigation concluded and the offences under sections 302, 364, 121-A RPC were established against accused No. 1. Mohd Shafi s/o Abdul Rahim, 2. Bashir Ahmad s/o Mohamdoo, 3. Hanief s/o Ahmadoo, 4. Bashir Ahmad s/o Jabar, 5. Abdul Gafar s/o Abdul Ahmad Jara, accused Abdul Gafar was killed in an encounter with BSF, the search for other four accused was conducted thoroughly but they couldn't be apprehended and as such challan was presented in the court of law in absence of accused and prayer for initiating proceedings u/s 512 Cr.PC against the accused was made. Bashir Ahmed s/o Mohamdu R/o Dewal Barnsal, Tehsil Mahore, District Reasi was arrested and charge sheet committed to this court for judicial determination and charge framed against him on 28.12.2013 for the commission of offences under sections 302/364/366/201 of RPC. The accused denied the commission of the aforementioned offences and claimed to be tried. Accordingly, the prosecution was directed to lead the prosecution evidence.
Principal Sessions Judge Reasi RN Wattal after hearing both the sides observed that the crime here is waging war against State and murder of an innocent person, particularly heinous crime, a crime against state, a crime against humanity. The penal statute has prescribed punishment for offence of waging war and murder for life or capital punishment and to view such offences once proved lightly is itself an afferent to humanity. Though there is discretion to court to award a less sentence than minimum, adequate and special reasons decide the discretion. The discretionary power cannot be used in discriminately or routinely. Same has to be used sparingly in cases where special facts and circumstances justify a reduction. The justifiable reason given by the accused herein for reduction in sentence or pardon him is that convict has huge family and he is the only bread earner of his family.
Court further observed that as a young man, his mind has been polluted and has been misguided to wage war against State and indulge into subversive activities. No ground has been put forth before me, which would warrant imposing extreme penalty on the convict. There are only two types of punishment for offence under section 302 RPC i.e. life imprisonment and death penalty. Death sentence can be imposed only on rarest of the rare case and case in hand does not fall in the category of rarest of rare case and ordered that the convict, is as such, sentenced to undergo life imprisonment for the commission of offence u/s 302 of RPC, an imprisonment of five years for commission of offence under section 364 RPC and imprisonment of five years for the commission of offence under section 3/25 Arms Act read with section 201 RPC and 10 years for the commission of offence under section 121-A of RPC. All the sentences shall run concurrently subject to the confirmation from the High Court.

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