STATE TIMES NEWS
JAMMU: Principal Sessions Judge Reasi R N Wattal awarded rigorous life-imprisonment to a terrorist namely Bashir Ahmed, who killed Asgar Ali surrendered terrorist, who was a trainee at Police Training Centre Manigam at the time of murder.
As per case, on 27/09/1999 a complaint was lodged at Police Station Mahore with averments that one Asgar Ali, son of Jamaldin Patwari, resident of Gulab Garh, surrendered terrorist 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 September 26, 1999 at about 2000 hrs and killed by unknown terrorists by shooting on intervening night of September 26-27, 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 130/1999 for the commission of offences u/s 302/364 RPC, 3/25 Arms Act was registered at Police Station Mahore and investigation was assigned to Mohd Sharief ASI. After detailed investigation, offences under sections 302, 364, 121-A of RPC were established against accused Mohd Shafi son of Abdul Rahim, Bashir Ahmad son of Mohamdoo, Hanief son of Ahmadoo, Bashir Ahmad son of Jabbar, Abdul Gafar son of 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, son of Mohamdu, resident of Dewal Barnsal, Tehsil Mahore, District Reasi was arrested and charge sheet committed was presented in 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 commission of the aforementioned offences and claimed to be tried. Accordingly, the prosecution was directed to lead the prosecution evidence.
Principal Sessions Judge Reasi R N 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 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. 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 under section 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,” the Court directed.
