SRINAGAR: A local court in north Kashmir’s Bandipora district has convicted seven accused persons in a murder case after nine years of the commission of crime, however, the main accused has to serve one and a half month in prison, while six others have been set free for already serving the period of imprisonment, imposed against them, during trail of the case.
As per a judgement, a copy of which lies with KNS, the court of Principal District and Sessions judge Bandipora stated that all the seven accused persons who were involved in the killing of a labour namely Nigar Ahmad Dar son of Sadiq Dar of Laharwalpora have been convicted.
The court stated that the main accused Ghulam Hassan Dar Son of Habibullah Dar of Laharwalpora Bandipora has been sentenced to 9 years of imprisonment with a fine of Rs 1.5 lac, however, in case of default of the payment of fine, the accused shall undergo further imprisonment of 10 years.
The other accused persons Noor Mohammad Shangloo son Ghulam Shangloo, Saleem Dar adopted son of Mehraj Din Dar, Altaf Dar son of Ahad Dar, Noor Mohammad Dar son of Ramzan Dar, Noor Mohammad Dar son of Samad Dar and Jan Mohammad Dar son Ramzan Dar—all residents of Chringpora Bandipora have been found guilty under sections 147 RPC and have been sentenced to imprisonment of three years.
The court further ordered that the period of imprisonment undergone by the accused persons during the investigation/trial of the case shall be set off against the sentence imposed.
The court stated that so far as the accused numbers 2 to 7 are concerned, they have been convicted for offence punishable under section 147 RPC and the maximum punishment provided for offence u/s 147 RPC is 03 years.
“They are, therefore, sentenced to imprisonment of three years. These accused persons have been in custody during the investigation and trial from October 2012, and have, therefore, spent more than the period of imprisonment awarded to them. The sentence imposed against them shall, therefore, be set off against the imprisonment which they have undergone during the period of investigation and trial of the case,” the court said.
The court also said that these accused persons have served out the sentence imposed upon them, therefore, they be released from custody if not involved in any other case or cases.
The court also considers the mitigating and aggravating factors in this case, the accused No. 1, Ghulam Hassan Dar, deserves to be sentenced to rigorous imprisonment of 09 years for the offence punishable u/s 304-11 RPC.
“He is also sentenced to 03 years imprisonment for an offence punishable u/s 147 RPC. The sentence imposed, however, shall run concurrently. He is also fined to Rs 1,50,000/. As the deceased was unmarried, therefore, the fine after realisation shall be paid to the parents of the deceased u/s 545-A CrPC. In default of payment of the fine amount, the accused shall have to undergo further imprisonment for 1 year,” the court said.
It stated that the accused has been in custody from November 02, 2012, and till date, he has spent a period of 09 years and 24 days in custody. “However, the accused was on bail for a period of more than two months w.e.f. 22.12.2015 to 01.03.2016. He has, therefore, undergone a sentence of 08 years, 10 months and 16 days.”
The court said that the period of imprisonment already undergone by him during the investigation and trial of the case be set off against the sentence imposed.
“The main accused, who is presently lodged at District Jail, Baramulla, be lodged in the Central Jail, Srinagar for serving the remaining period of a sentence imposed by this court,” the court said.
The case dates back to October 2012 when a fight had taken place between the villagers of Chringpora and Laharwalpora of Bandipora.
The dispute was regarding the extraction of sand from the river bed near Haribatho-top. The villagers of Chringpora objected to the extraction of sand by the villagers of Laharwalpora.
The exchange of abuses between the two groups led to fight in which one person namely Nigar Ahmad Dar son of Sadiq Dar of Laharwalpora was hit on his head by the main accused Ghulam Hassan Dar.
Thereafter, the body of the deceased was thrown into river Jhelum which was retrieved by the police after three days.
Later, the police after concluding the investigation into the case had produced challan before the court on December 27, 2012.
The court judgement stated that during the trial of the case, the prosecution examined 19 witnesses while as the accused persons have examined four witnesses in their defence.
It said that after conducting a full dress trial for a period of more than nine years, the court has found the main accused Ghulam Hassan Dar, guilty in killing the deceased Nigar Ahmad Dar and other accused persons have been found involved in the rioting and unlawful restraint.
As per the judgment order, the victim was represented by Public Prosecutor advocate Abdul Majeed, while the accused persons were represented by advocate Shuaib Ahmad Deewani.