Excelsior Correspondent
JAMMU, Sept 13: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Vinod Chatterji Koul and Justice Mohan Lal has upheld the life-imprisonment of Hizbul Mujahideen militant Abdul Hameed Teeli, who challenged judgment passed by Principal Sessions Judge Kulgam in a murder case.
The prosecution case against appellant/convict was that on 22.02.2002 Police Station D.H. Pora received information from reliable sources that some unknown gunmen entered into house of one Nazir Ahmed Wagay, fired upon him and killed him on spot.
Accordingly, case was registered and after completion of investigation challan was presented before the court of law in the absence of accused persons. It came to the fore during investigation that accused persons namely Abdul Hamid Teeli & Rafiq Ahmed Wani who were the active militants of Hizbul Mujahideen had committed the offence. Accused Rafiq Ahmed Wani got killed in an encounter with security forces on 10.09.2002 at Danew Kandiwmarg, as such, his name was deleted from the charge sheet.
After hearing both the sides, the DB observed, “we are of the considered view that the prosecution has been able to prove the charges punishable under Sections 302/452/34 RPC read with Section 7/25 of Arms Act against appellant beyond any reasonable doubt”.
“Therefore, his conviction for the charges deserves to be upheld. The instant appeal stands dismissed, while the conviction and sentence rendered by the trial court stands upheld and confirmed”, the DB said.