Excelsior Correspondent
SRINAGAR, Aug 20: After decades of prolonged trial, the Court of Additional Sessions Judge Bandipora today awarded life imprisonment to Abdul Wahid Mir, resident of Onagam Bandipora, in a sensational murder case registered at Police Station Bandipora in 1993.
The convict, who was facing trial in FIR No. 170/1993 under Sections 302, 201 RPC and 7/27 Arms Act was held guilty yesterday by the same court. Today, the matter came up for arguments on the quantum of sentence.
During the hearing, the APP for the UT of J&K argued that the crime involved a cold-blooded murder, committed with prohibited arms, followed by destruction of evidence. Terming it a rarest of rare case, the prosecution pressed for capital punishment and also sought victim compensation.
On the other hand, the Legal Aid Defence Counsel (LADC) highlighted the convict’s long incarceration, poor family background, absence of previous convictions in heinous crimes and family obligations. The defence urged the court to take a lenient view and ensure the sentences run concurrently.
Appearing virtually from Central Jail Agra, Abdul Wahid Mir himself pleaded for mercy and requested a change of jail lodgement.
After hearing both sides, Additional Sessions Judge Susheel Singh referred to the landmark judgment of the Supreme Court in Bachan Singh Vs State of Punjab (1982), which laid down guiding principles for awarding death penalty only in rarest of rare cases.
The court observed that Mir is 55 years old, has been in custody in other cases since 2016 and there is no evidence that he poses a continuing threat to society or cannot be reformed.
Accordingly, the court awarded life imprisonment under Section 302 RPC (murder), three years rigorous imprisonment under Section 201 RPC (destruction of evidence) and seven years rigorous imprisonment under Section 7/27 Arms Act (use of prohibited arms).
All sentences will run concurrently. The period already spent in custody during trial will be set off under Section 428 CrPC, the court said.
Stating that rehabilitation of victims is as important as punishment of offenders, the court invoked the Victim Compensation Scheme, 2013 (SRO 394 of 2013) and directed the J&K Legal Services Authority to release Rs one lakh compensation in favour of the parents of the deceased.
The court also directed that the conviction and sentence be sent to the J&K and Ladakh High Court for confirmation. “The convict will remain in custody in Agra Jail till his production is required in another pending murder case (FIR 174/1993, PS Bandipora) before Principal Sessions Judge Bandipora.
Thereafter, he will be shifted to Central Jail Srinagar for serving his life term”, the court added.
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