Jammu March-28-2023:- A Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Justice Rajnesh Oswal and Justice Puneet Gupta today upheld the life-imprisonment awarded by then Principal Sessions Judge Kishtwar to Mohammad Abas code Hashim S/o Afzal Wani R/o Shetri Chatroo, who was associated with Hizbul Mujahideen (HM) organization.
The prosecution is that on 03.06.2006, FIR bearing No. 20/2006 under sections 302 RPC and 7/27 Arms Act was registered at Police Station, Chatroo,on the basis of information received from reliable source that on 02.06.2006 at 09 p.m, three unknown militants called out Abdul Majid S/o Aziz Bhawani R/o Sigdi Bhata from his house. When he came out, he was taken 100 feet away from his house and was asked his name. Thereafter, he was shot dead. In the stampede after the occurrence, one of the militants was identified as Mohd. Abbas, code Hashim S/o Afzal Wani R/o Shetri Chatroo, who was associated with Hizbul Mujahideen (HM) organisation. During the investigation, the Investigating Officer seized the empty castings of the bullets of AK rifle from the spot and also seized the bloodstained clay from the spot. The Investigating Officer established the involvement of 5 militants in the commission of offence including one unknown militant. The appellant was also one of the four identified militants/accused. As the accused were not arrested, the Investigating Officer was in the process of filing a charge-sheet against the accused with request to proceed against them under section 512 Cr.P.C. Thereafter, the appellant surrendered before the Army and was handed over to Police.
DB after hearing Adv AK Shan for the appellant whereas Sr. AAG Monika Kohli for the UT, observed that the trial court has rightly appreciated the evidence and in fact has considered all the contentions raised by the appellant/accused therein. We too have re-appreciated the evidence and have arrived at the same conclusion as that of trial court that the appellant had intentionally killed the deceased. He has been righty convicted for the commission of offence under section 302 RPC and further has rightly been sentenced to undergo rigorous imprisonment for life and fine of RS. 5,000/. DB held that the judgment and order dated 18.06.2013 and 19.06.2013 respectively passed by the court of learned Principal Sessions Judge, Kishtwar whereby the appellant was convicted for commission of offence under section 302 RPC and sentenced to undergo rigorous imprisonment for life and also fine of Rs. 5,000/- in FIR No. 20/2006 under sections 302/24 RPC, 7/25 Arms Act of Police Station Chatroo is upheld. Appeal is found to be without merit and as such the same is dismissed. JNF