Excelsior Correspondent
JAMMU, July 14: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Sanjeev Kumar and Justice Sanjay Parihar has upheld the life-imprisonment awarded by Trial Court in the year 2009 to Hassan Bhat, who murdered Ghulam Mohd Dar over land dispute in Soznipora area.
After hearing both the sides, the DB observed, “in the present case, the weapon in use was an axe and its blow had such an impact that it caused a head injury measuring 20 cm in length and 5 cm in depth thereby piercing the skull bone and exposing brain tissue”.
“So much so, the accused delivered another blow over right eye of deceased after he had fallen to the ground. The eye- witness account states that the assault was of such nature that resulted into instant death of deceased. Appellant, therefore, in all probabilities intended to cause bodily injury of a nature which he knew was likely to cause the death of the deceased”, the DB said, adding “the fact that the injury was aimed at the head of the deceased was sufficient enough to exhibit his intention”.
“We do not see any merit in this appeal, which is, accordingly, dismissed and as a corollary thereof, the impugned judgment and the order of sentence are upheld. The criminal reference made by the Trial Court in consequence of upholding of the impugned judgment and order of sentence is also accepted”, read the judgment of DB.
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