Excelsior Correspondent
JAMMU, Sept 2: The High Court of Jammu & Kashmir and Ladakh has upheld the conviction of Gul Mohammad Khan of Doda under Section 304-II RPC, ruling that the 2012 Chenab river tragedy was a case of culpable homicide due to negligence, not premeditated murder. The court rejected the Union Territory’s appeal seeking his conviction for murder under Sections 302/201 RPC.
A Division Bench comprising Justice Sanjeev Kumar and Justice Sanjay Parihar observed that the prosecution had failed to prove beyond reasonable doubt that Khan had intentionally killed his wife and two daughters by pushing their Maruti van into the Chenab river. Instead, it held that the trial court was correct in convicting him for a negligent act committed with knowledge of its likely consequences.
On March 24, 2012, Khan was driving a Maruti van with his wife Rubina Begum, daughter Hiqra, and an infant when the vehicle plunged nearly 600 feet into the Chenab at Reggy Nallah, killing all three. Initially booked under Sections 279 and 304-A RPC, the charges were later enhanced to murder, citing marital discord and Khan’s alleged resentment over having two daughters.
In September 2021, the Additional Sessions Judge, Doda acquitted Khan of murder but convicted him under Section 304-II RPC, sentencing him to 10 years rigorous imprisonment and a fine of Rs 50,000.
Upholding that verdict, the High Court pointed to contradictions in prosecution testimony, a weak motive theory, and the unreliable account of an alleged eye-witness, whose statement was recorded more than a month after the incident.
“The prosecution has failed to prove beyond reasonable doubt that the respondent murdered his wife and two children. The trial court was right in convicting him under Section 304-II and acquitting him of murder,” the Bench observed while dismissing the UT’s appeal.
The conviction and sentence of 10 years rigorous imprisonment with a Rs 50,000 fine thus remain intact.
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