STATE TIMES NEWS
JAMMU: Principal Sessions Judge Bhadarwah Sanjeev Gupta on Friday awarded six years RI and fine of Rs 50,000 under Section 304-II (culpable to homicide not amounting to murder) to Abdul Qayoom Ganai, son of Mohammad Razab Ganai, resident of Mohalla Khakhal Tehsil Bhadarwah who was facing trial in killing of one Abdul Majid for last more than nine years.
According to the police, A complaint was lodged at the Police Station, Bhadarwah by Israr Ahmed that on 9th October, 2006 at 4:00PM accused hit his father Abdul Majid (deceased) with a stone at some distance from their house due to which deceased died on spot. It was further alleged that accused had committed the murder of deceased with a criminal intention in a well planned manner because earlier on the same day accused had vowed at the Court of SDM in the presence of SDM and other people that today he will commit the murder of someone. On this complaint, an FIR was registered against the accused for the offence under Section 302 RPC and investigation commenced.
Court after hearing both the sides observed that it is a fit case where accused should be convicted for the offence of culpable homicide not amounting to murder under Section 304 Part II of the RPC.
After hearing Senior Advocate M.A Goni and Advocate N.K Gupta for the accused whereas Public Prosecutor for the State, Principal Sessions Judge Bhadarwah Sanjeev Gupta awarded six years RI and fine Rs 50,000 to the accused.
While awarding sentence, Court observed that besides the imposition of aforesaid fine amount on the convict, the family of the victim is also entitled for compensation under the Jammu and Kashmir Victim Compensation Scheme. Sub Section I of Section 545 of CRPC has been made applicable to the State of J and K vide notification dated 23rd April, 2013 under SRO 229 and as per schedule to the notification, different amounts have been mentioned for financial help to the victims of crime or their dependents. Hence the Court directed State to pay compensation of Rs 2 lakh within one month. JNF
