Bandipora, Nov 6: The Court of Principal Sessions Judge, Bandipora, Muhammad Ibrahim Wani Saturday sentenced the main accused in a six-year-old murder case in Hajin village to a 10-year jail term and set free eight other accused including a 75-year-old woman after completion of their over six-years imprisonment.
The accused were convicted on Tuesday by the court in the killing of a Sarpanch in Hajin area of Bandipora district in 2014.
The accused were booked under FIR No 105 of 2014 of Police Station Hajin in offenses under Section 341, 427, 148, 149, 506, 302, and 34 of the Ranbir Penal Code.
The complainant was represented by Abdul Majeed against the accused Shakeel Ahmad Khan, Mushtaq Ahmad Khan, Ghulam Ahmad Parray, Muhammad Sultan Parray, Bashir Ahmad Parray, Showkat Ahmad Parray, Firdous Ahmad Parray, and Feroz Ahmad Parray all residents of KathporaHajin besides Hajira Begum of Kathwara who was released on bail vide order dated 28 July 2016.
The court while announcing the quantum of punishment observed that Ghulam Ahmad Parray had committed the heinous crime punishable under Sections 147, 341, and 304 II of RPC.
“Keeping in view the aggravating and mitigating factors in the case, Parray needs to be imposed maximum punishment provided under Section 304 II RPC,” the court held.
The court sentenced Parray to a maximum of 10 years of simple imprisonment and imposed a fine of Rs 30,000.
The court said that the amount should be paid to the wife of the deceased, Abdul RasheedWagay.
It said that Parray should get simple imprisonment of three years in offenses punishable under Section 147 of RPC and for offenses under Section 341 RPC he should be imprisoned for one month.
However, the court said that the sentences imposed should run concurrently.
The court also noted that the accused was lodged in custody for 6 years and 10 months.
It said that the period of imprisonment undergone during the investigation and trial of the case should stand set off against the sentence imposed and Parray be lodged at Central Jail, Srinagar for undergoing the remaining period of sentence.
Announcing the quantum of punishment against accused No 1, 2, 4, and 6 to 7, the court said that they had been convicted for offenses under Section 147 of the RPC and 341 of the RPC and would undergo simple imprisonment of three years.
Noting that the accused had been in detention for more than six years, the court said, “The period of imprisonment undergone by them during the investigation and trial of the case is set off against the sentence imposed on them. These accused have already served out the sentence imposed on them. So, they are set at liberty if not involved in any other case or cases.”
Taking a lenient view of the 75-year-old accused woman, Hajira, the court said she had been in custody for one month and 19 days during the investigation and trial of the case and also been convicted for offenses punishable under Section 147 and 341 of the RPC.
Announcing the quantum of punishment, the court said, “She is a woman of more than 75 years. Taking into consideration the fact that she is a woman and old-aged and taking a lenient view in her case, she is sentenced for offenses punishable under Section 147 and 341 of the RPC for the period she has already undergone during the investigation and trial of the case. She is already on bail and is set at liberty if not involved in any other case or cases.”
The case dates back to November 2014 when the deceased Abdul Rashid Wagay, a Sarpanch accompanied by his two PSOs had gone to the shop of the accused Shakeel Ahmad Khan and demanded a gas cylinder from him.
The court observed that on the refusal of giving gas cylinder by Shakeel Ahmad Khan, an altercation had taken place between the deceased and Shakeel Ahmad Khan.
“Later on, other family members of Shakeel Ahmad Khan joined in the fight and during the fight, the deceased was hit on his head by a blow of bat given by accused Parray and Wagay later on succumbed to his injuries at SKIMS Soura,” the court said.
The prosecution examined 28 witnesses in this case and after conducting a full-dress trial for more than six years, the court found accused Parray guilty of killing the deceased Abdul Rashid Wagay while other accused persons had been found involved in the rioting and unlawful restraint.