Excelsior Correspondent
JAMMU, Aug 7: Division Bench of High Court comprising Justice Virender Singh and Justice Bansi Lal Bhat has upheld the life-imprisonment to four real brothers namely Mohd Maqbool, Sharief-ul-Din, Gayas-ul-Din and Mohd Maqsood, sons of Rustam Khan of Mahore, who were facing trial in committing murder of one Mohd Rafiq and causing injuries to his brother on December 3, 2000 on issue of water pipeline.
According to the police case, on December 3, 2000 Mohd Rafiq had a tiff with accused Mohd Maqbool when the former was keeping a watch on the pipe-line of water passing through his field. Later, Mohd Rafiq returned to his house and in the meantime Mohd Maqbool started crying that he was assaulted by Mohd Rafiq and he called his brothers (remaining accused) to bring rifles so that Mohd Rafiq could be done away with.
Later, the remaining three accused rushed to the spot and in furtherance of their common intention, caught hold of Mohd Iqbal, who had locked Mohd Rafiq in a room to prevent any harm to his life. On this, Parvez Ahmed hit Mohd Iqbal with an axe on his head and other accused started beating him with sticks.
Thereafter, the accused broke open the door of the room where Mohd Rafiq was hiding and Mohd Maqbool fired a shot from his 12 bore gun causing death of the Mohd Rafiq. All the accused further attacked the deceased with sharp edged weapons.
After completion of investigation, challan was presented and on February 18, 2009, the Trial Court awarded life-imprisonment to both the accused. However, the Trial Court verdict was challenged before the High Court.
After hearing Senior Advocate M A Goni with Advocates Ajay Singh Kotwal, Ahtsham Butt, Sheikh Altaf and Kazam Bhatt for the accused persons and Deputy AG Shaista Hakim for the State, the DB upheld the sentence awarded by the trial court and dismissed the appeal filed by the accused persons.
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