Srinagar, Sep 13: The High Court of J&K and Ladakh on Wednesday upheld the life sentence of a man from south Kashmir’s Kulgam district in a murder case.
A division bench of Justice Vinod Chatterji Koul and Justice Mohan Lal upheld the conviction and life imprisonment of one Abdul Hameed Teeli of Kokerhama Kulgam, presently detained in Central Jail Srinagar.
Principal Sessions Court Kulgam had convicted and sentenced Teeli in terms of a judgment and order dated “26.06.2016& 29.06.2016, he had challenged before the High Court in the Criminal Conviction Appeal.”
The trial Court had convicted and sentenced Teeli to undergo life imprisonment u/s 302 of RPC and fine of Rs 20000 was imposed on him and in default of payment of fine he had to further undergo imprisonment for six months. He had to undergo imprisonment for three years u/s 452 of RPC besides five years imprisonment and fine of Rs 1000 u/s 7/25 of Arms Act for commission of offence of murder of one, Nazir Ahmed Wagay alias Galwan.
Aggrieved of, and dissatisfied with judgment of conviction and order of sentence, the appellant contended that the Trial Court had acted mechanically, and if the prosecution was taken to be 100% correct, still no offence u/s 302 RPC was made out against him, the doctrine of double jeopardy had been violated and virtually retrial had taken place whereby accused was prejudiced by long delay of 5 years which is violative of Article 21 of the Constitution of India.
“After churning the entire prosecution evidence once again by us being the First Court of Appeal, we are of the considered view, that the prosecution has been able to prove the charges punishable u/s 302/452/34 RPC r/w 7/25 of Arms Act against appellant beyond any reasonable doubt, and therefore, his conviction for the said charges deserves to be upheld,” the division bench said, while dismissing the appeal.
“The net result now surfaces is that instant appeal stands dismissed, while the conviction and sentence rendered by the trial court for commission of offence u/s 302/452/34 RPC r/w 7/25 of Arms act against appellant/convict stands upheld and confirmed. Confirmation Cr. Ref. No. 4/2016 is answered accordingly”, the bench added.