Srinagar, Feb 05 : A local court in Pulwama district has sentenced two accused persons for life imprisonment under section 302 RPC in a murder and robbery case of a 19-year-old boy.
According to a statement, issued to Kashmir News Service a spokesperson said that Principal Sessions Judge Pulwama, Abdul Rashid Malik sentenced Sameer Ahmad Sheikh son of
Ghulam Ahmad Sheikh and Javid Ahmad Shah son of Ghulam Nabi Shah–both residents of Pulwama to imprisonment for life under section 302 RPC in the brutal murder and robbery of 19-year-old Khursheed Ahmad Wani son of Nissar Ahmad Wani of Pulwama.
“The convict Sameer Sheikh was also sentenced to 07 years rigorous imprisonment under section 396 RPC and the convict Javid Ahmad Shah 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,” reads the statement.
It reads that, while sentencing the accused 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 Hon’ble High Court in terms of section 374 of Cr.P.C.
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. Further, there is no 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 Hon’ble 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.
“Object of sentence is not only deterrence but includes reformation of the convicts, which the Jail authorities have to take care at all times. The court submitted the entire record to the High Court for confirmation of the sentence of life imprisonment awarded to the convicts,” it reads. (KNS)