HC upholds 10-year sentence in 2001 Shopian clash, rejects murder charge

30/09/2026

JAMMU, Sep 29: The High Court of Jammu & Kashmir and Ladakh has upheld the 10-year sentence awarded to Shakeel Ahmad Hajam in connection with a fatal clash over a land dispute in Shopian in 2001, while declining the State's plea to treat the offence as murder under Section 302 of the Ranbir Penal Code (RPC).
A Division Bench comprising Chief Justice Dr Pushpendra Singh Bhati and Justice Sanjeev Kumar dismissed both the appeals filed by the convicts and the State against the acquittal on the murder charge. The judgment was pronounced on September 28.
The case arose from an August 26, 2001 incident at Padpawan in Shopian, where a clash took place between two groups over a property dispute. According to the prosecution, several persons entered the complainant's compound carrying lathis, axes and other implements. During the confrontation, Gull Lone sustained a head injury and subsequently died at Soura Hospital.
The Sessions Judge, Pulwama, had acquitted the accused of the charge under Section 302 RPC. Shakeel Ahmad Hajam was, however, convicted under Sections 304 Part II and 447 RPC and sentenced to 10 years' simple imprisonment with a fine of Rs. 20,000. Khurshid Ahmad Hajam was convicted under Sections 325 and 447 RPC and sentenced to five years' imprisonment, with the sentences to run concurrently.
The High Court, while examining the evidence, noted that Shakeel had inflicted a single blow with the blunt side of an axe on the deceased's head during the scuffle arising from the property dispute.
The Bench observed that although an axe was involved, the accused neither used its sharp edge nor repeated the blow. The Court held that the nature of the weapon, the single injury and the circumstances in which the incident occurred did not establish an intention to cause death. However, it found that the accused could be attributed with the knowledge that such a blow on the head was likely to cause death.
The Court further observed that the incident was not shown to be premeditated and had arisen during a sudden fight in the heat of passion over the property dispute. It consequently found no basis to convert the conviction into one under Section 302 RPC.
The Bench also rejected the contention that the prosecution witnesses should be discarded merely because they were related to the deceased. It observed that the evidence of related witnesses can be relied upon when it withstands careful judicial scrutiny.
On the State's submission regarding the accused's alleged conduct after the incident, including resistance to efforts to shift the injured person to hospital, the Court held that post-occurrence conduct by itself could not be treated as conclusive proof of an intention to commit murder. Such conduct, it said, has to be considered along with the nature of injuries, weapon used, surrounding circumstances and medical evidence.
The High Court accordingly upheld Shakeel Ahmad Hajam's conviction under Sections 304 Part II and 447 RPC and Khurshid Ahmad Hajam's conviction under Sections 325 and 447 RPC, finding no ground to interfere with the sentences imposed by the trial court.
Both appeals were dismissed and the acquittal on the murder charge was left undisturbed.

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