STATE TIMES NEWS
JAMMU: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Rajnesh Oswal and Justice Puneet Gupta upheld the life-imprisonment awarded by then Principal Sessions Judge Kishtwar to Mohammad Abas code Hashim, son of Afzal Wani, resident of Shetri Chatroo, who was associated with Hizbul Mujahideen (HM).
As per case, FIR 20/2006 under sections 302 RPC and 7/27 Arms Act was registered on June 3, 2006 at Police Station Chatroo, on the basis of information received from reliable source that on June 2, 2006 at 9 PM, three unknown terrorists called out Abdul Majid, son of Aziz Bhawani, resident of Sigdi Bhata from his house. When he came out, he was taken 100 ft away from his house and was shot dead. One of the terrorists identified as Mohd Abbas, code Hashim, son of Afzal Wani, resident of Shetri Chatroo, who was associated with Hizbul Mujahideen (HM) organisation. During investigation, the Investigating Officer seized empty castings of bullets of AK rifle from the spot and also seized bloodstained clay from the spot. The Investigating Officer established involvement of 5 terrorists in offence including an unknown terrorist. The appellant was also one of the four identified terrorists/accused. As accused were not arrested, the Investigating Officer was in process of filing a charge-sheet against the accused with request to proceed against them under section 512 Cr.PC. Thereafter, the appellant surrendered before the Army and was later handed over to Police.
DB after hearing Adv A K Shan for the appellant whereas Sr AAG Monika Kohli for the UT, observed that trial court has rightly appreciated the evidence and in fact has considered all contentions raised. “We too have re-appreciated the evidence and have arrived at the same conclusion as that of trial court that the appellant had intentionally killed the deceased. He has been righty convicted for the commission of offence under section 302 RPC and further has rightly been sentenced to undergo rigorous imprisonment for life and fine of Rs 5,000,” the Court observed and upholds the judgment passed by Principal Sessions Judge, Kishtwar whereby appellant was convicted for commission of offence under section 302 RPC and sentenced to undergo rigorous imprisonment for life and also fine of Rs 5,000.
