SRINAGAR: In a significant legal development arising from a murder case that transpired on June 6, 2018, in Srinagar, a court has reached a verdict, convicting one of the four accused individuals involved in the attack that resulted in the demise of Ghulam Ahmad Mir.
The incident, rooted in a heated dispute over water supply for irrigation, saw Mukhtar Ahmad Shah and his father, Ghulam Mohammad Shah, among the assailants who allegedly assaulted and killed Ghulam Ahmad Mir, deploying a lathi (stick) and a spade (shovel) during the confrontation.
The case, registered under sections 302, 341, 34, and 201 of the Ranbir Penal Code (RPC), progressed through legal proceedings.
The charge sheet, presented by the State through the Station House Officer (SHO) of Police Station Soura, relied on the complaint filed by the deceased’s wife, Shakeela.
The comprehensive charge sheet featured 31 enlisted prosecution witnesses, of which 21 underwent examination, and 11 were admitted by the accused. The evidentiary documentation included injury memos, seizure memos, recovery memos, postmortem reports, and reports from the Forensic Science Laboratory (FSL).
Prosecution contentions asserted that Mukhtar Ahmad Shah delivered the fatal blow with the lathi, while Ghulam Mohammad Shah deployed the spade, subsequently destroying it to conceal evidence. The court, after considering arguments from the Additional Public Prosecutor (APP) and the counsel for the accused, framed charges on September 11, 2018¹. The accused pleaded not guilty, opting for a trial that initiated subsequent legal proceedings.
Throughout the trial, the prosecution presented a total of 21 witnesses, with 11 being admitted by the accused. These witnesses, comprising the deceased’s wife and brother, the tractor driver, and the conductor, served as eyewitnesses to the tragic incident. Testimonies also emanated from police officials, medical officers, forensic experts, and local residents, contributing circumstantial and corroborative evidence.
Critical to the prosecution’s case was Mukhtar Ahmad Shah’s disclosure statement, leading to the recovery of the lathi from a nearby orchard. The postmortem report unveiled multiple fractures and lacerations on the deceased’s skull and brain, while the FSL report confirmed a correlation between the bloodstains on the lathi and the deceased’s attire.
Although the court acknowledged the absence of proof for premeditated intent among all accused parties, it found Mukhtar Ahmad Shah guilty of culpable homicide not amounting to murder under section 304 part II of the RPC. The sentencing hearing is scheduled for December 11, 2023.
