STATE TIMES NEWS
JAMMU: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Rajnesh Oswal and Justice Mohan Lal upheld life-imprisonment awarded by Additional Sessions Judge Hnadwara to a terrorist namely Mushtaq Ahmad Malla.
According to case, on December 22, 2005, an information was received at Police Station Handwara at 16.15 hours from reliable sources that two terrorists, with one identified as Mushtaq Ahmad Malla, son of Ghulam Ahmad Malla, resident of Shotgund, have killed a person namely Tariq Ahmad Malik, son of Abdul Qayoom Malik, resident of Guloora by firing indiscriminately at Adoura and his dead-body is lying on the spot. On receiving information, FIR 337/2005 was registered under Sections 302 of RPC and 7/27 of Arms Act and after completion of investigation, challan was presented and on December 31, 2021, accused was sentenced to life-imprisonment.
DB after hearing both sides, observed that trial court has considered all the issues raised by the accused-appellant and each issue has been dealt with in accordance with law by placing reliance on various pronouncements of the Apex Court. “Trial court though has convicted the appellant for the commission of offence punishable under Section 7/27 of Arms Act but has rightly not sentenced him for the punishment prescribed under Sub Section 3 of Section 27 of Arms Act because the Apex Court has declared the Sub section 3 of Section 27 of Arms Act as unconstitutional in a case titled State of Punjab Vs. Dalbir Singh 2012(3) SCC 346, as the said Section provides for the punishment of death penalty only. Trial court has after holding the appellant guilty for the commission of offence punishable under Section 302 RPC sentenced him to undergo imprisonment for life and we do not find that the sentence of life imprisonment awarded to the appellant is disproportionate to the offence committed by him, particularly when Section 302 RPC provides punishment of either death penalty or imprisonment for life. We also find that the learned trial court has rightly convicted the appellant for the commission of offence under Section 201 RPC particularly when there was direct evidence regarding killing of the deceased by the appellant by gun and subsequently running away of the appellant from the place of occurrence with gun. 46. In view of the above, we do not find any illegality or infirmity in the judgment of conviction and order of sentence dated 31.12.2021 passed by the learned trial court in CNR No. JKKW040000022012 titled State Vs. Mushtaq Ahmad Malla & Anr., in FIR No.337 of 2005 of P/S Handwara for commission of offence punishable under Section 302, 201 RPC and Section 7/27 of Arms Act, as such, the same are upheld. Appeal is found to be without any merit, therefore, is, dismissed,” the Court observed.
