Two get life imprisonment in murder, robbery case
Srinagar: After eleven years trial the District and Sessions Court Pulwama on Saturday sentenced two persons with life Imprisonment in a murder and robbery case.
Principal Sessions Judge Pulwama Abdul Rashid Malik on Saturday sentenced two accused persons with imprisonment for life under section 302 RPC in the brutal murder and robbery of 19 years old Khursheed Ahmad Wani son of Nissar Ahmad Wani Resident of Babahar Tehsil and District Pulwama.
The accused were identified as Sameer Ahmad Sheikh son of Ghulam Ahmad sheikh R/O: Deeri Murran District Pulwama and Javid Ahmad Shah son of Ghulam Nabi Shah resident of Babahar Pulwama.
The convict Sameer Sheikh son of Ghulam Ahmad sheikh R/O: Deeri Murran District Pulwama was also sentenced to seven years rigorous imprisonment under section 396 RPC and the convict Javid Ahmad Shah son of Ghulam Nabi Shah resident of Babahar Pulwama was also sentenced to one year rigorous imprisonment under section 392 RPC for committing robbery upon the deceased after his death by stealing Rs.25, 000/- from his pocket.
While sentencing the accused the imprisonment for life, the Court observed, that in view of the entire facts and circumstances of the case, it will be just and proper to sentence the convicts to imprisonment for life under section 302 RPC but the execution of the sentence of the life imprisonment shall be subject to confirmation of the High Court in terms of section 374 of Cr.PC.
Meanwhile, the Court also awarded compensation of Rs.2.00 lacs in favour of the father of the deceased under Jammu and Kashmir Victims Compensation Scheme.
While awarding, the compensation the Court observed that every Criminal Court is also under a legal duty to apply its mind to the question of compensation to the victim of crime.
The Court also directed the release of the approver in view of the conclusion of the trial Subject to confirmation proceedings, by holding that as Per the law, an accomplice who has not been granted bail before the pardon, has to be detained in custody until the termination of the trial. The trial is terminated, once the evidence is closed, and after hearing the parties, the accused are convicted and sentenced.
Court further observed that there is no any certificate on behalf of the Ld. Special Public Prosecutor to the effect that in his opinion, the approver has either willfully concealed anything essential or has given false evidence or has not complied with the condition on which the tender was made, therefore, the approver shall be released and the release shall be subject to the outcome of the confirmation proceedings by High Court of Jammu and Kashmir and Ladakh.
While directing that the convicts shall be given free and competent legal services, the Court observed that all basic necessities of life including medical treatment shall be made available to the convicts at all times in the jail.
Meanwhile, the court has submitted the entire record to the High Court for confirmation of the sentence of life imprisonment awarded to the convicts. (KNT