Excelsior Correspondent
JAMMU, Nov 16: Principal Sessions Judge, Poonch, Kishore Kumar has awarded life imprisonment to a person, who was facing the trial for the commission of offence under Section 302 RPC and 7/25 Arms Act since 2004.
According to the prosecution case, on August 9, 2003 complainant namely Mohd Basharat in an injured condition filed a written application before SHO Police Station Mendhar alleging therein that on the intervening night of August 8 and 9, 2003 Abdul Hamied, a resident of village Kasblari along with three militants entered into his house and started beating him.
Though the complainant saved his life by running away from the house yet his brother Shamim Ahmed and father Khursheed Hussain were killed by the militants.
On this complaint, police registered a case and started investigation during which Abdul Hamied was arrested from Punjab and on his disclosure one AK 47 rifle along with ammunitions was recovered.
After hearing Public Prosecutor Nazir Ahmed Choudhary and Advocate Mohd Maroof Manhas for the accused, Principal Sessions Judge observed, “the prosecution has succeeded in proving the case against the accused beyond all reasonable doubts”.
Accordingly, the court awarded life imprisonment for the commission of offence under Section 302 RPC along with a fine of Rs 25,000 and seven years rigorous imprisonment for the commission of offence under Section 7/25 Arms Act.
However, the court rejected the plea of the prosecution for death penalty on the ground that the case doesn’t come within the definition of rarest of the rare case.
“The gravity of the offence committed by the accused would be sufficiently avenged by imposing alternative sentence of transportation of life”, the Court said, adding “it is settled principle of law that imprisonment for life and fine is a rule and death penalty is an exception for commission of offence of murder punishable under Section 302 RPC”.
“Though the act of the accused is the outcome of the militancy to frustrate and discourage the youth of the locality to serve the nation by joining the armed forces, it can be said with certainty that mitigating circumstances have overweighed aggregative factors which resulted into sparing him from gallows. Certainly, the accused deserves to be given a chance to repent and reform himself while undergoing life imprisonment which is ordinarily till the natural death of the convict”, Principal Sessions Judge said.
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