Excelsior Correspondent
JAMMU, Sept 26:A Division Bench of High Court comprising Justice Ali Mohammad Magrey and Justice Mohd Akram Chowdhary today upheld the life-imprisonment of area commander of HM namely Farooq Ahmed, son of Abdul Rashid of Bhaderwah, who has been convicted by the trial court in murder of one Abdul Qayoom, son of Gh Rasool Sheikh of Bhaderwah on November 14, 2002 for creating terror.
After hearing both the sides, the DB observed, “some of the eye-witnesses stated that there were some more persons when the appellant-accused committed the murder of the deceased but they had not entered the house where the offence was committed and it was only the appellant-accused who had committed the offence”.
“Moreover, two more persons, who had been arrayed as accused in the case by the prosecution, had died before the appellant was produced before the court of law to face trial. Appellant was the main offender, who was charged to have committed the murder and the other accused persons who were stated to have accompanied him at the time of commission of the murder, had died before framing of charge”, DB said.
“In-fact the charge of abetment or criminal conspiracy was against other accused and not the appellant. Therefore, there was no need to charge the appellant-accused, a main perpetrator of the crime, to be charged for the offences of criminal conspiracy or abetment. This plea of the appellant is also found without any merit and substance”, DB further said.
“Having regard to these reasons, Division Bench is of the considered opinion that the trial court has rightly connected the appellant-accused with the commission of offence, of which he was charged under Section 302 RPC and acquitted him of other charges particularly the offence under Section 7/27 Arms Act in view of the fact that the weapon of offence was not recovered”, read the judgment of DB.
“The trial court, after marshalling the evidence brought on record and apt appreciation, has passed a very reasoned judgment and the appellant-accused has failed to point out anything that could be fatal to the prosecution case. In our opinion the impugned judgment / order do not call for any interference while exercising appellate jurisdiction”, DB said while dismissing the appeal and confirming the life imprisonment of appellant.
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