Kelam Jamia Masjid attack| Court sentences accused to 10 yrs in jail
Principal Sessions Court Kulgam on Tuesday sentenced ten persons to rigorous imprisonment of ten years after they were found guilty of offence "culpable homicide not amounts to murder" in KelamJamia Masjid attack case of 2009.
Principal Sessions Judge Kulgam, Subash C Gupta sentenced Abdul RazakParray, Aziz Bhat, JalilBhat, ManzoorBhat, SartajBhat, Syed Bhat, DawoodPadder, ShowkatBhat, Bashir Ahmad Bhat, and GaniBhat.
The accused were allegedly involved in causing injuries to numerous people by attacking them with stones and sticks outside a mosque on September 19, 2009 over a dispute relating to Idgah land.
"I am of the considered opinion that ends of justice would be meted out, in case, each of the accused is sentenced to rigorous imprisonment for ten years for commission of offence under section 304 Part—I read with section 149 of RPC," the court said in its order.
The court also imposed a fine of Rs 5000 on each accused saying in case of default, he has to undergo detention of further five months.
For commission of offence under section 323 of RPC read with section 149, the court sentenced the accused to six months imprisonment and imposed a fine of Rs 500 on each.
"Both the sentences shall run concurrently," the court said.
While convicting the accused, the court observed, "It can safely be held that prosecution has succeeded in proving the guilt of the accused for commission of offence of culpable homicide not amounting to murder punishable in terms of provisions of Section 304 Part-I, read with Section 149 of RPC beyond all shadows of doubt."
"Moreover, the accused are also found liable for commission of offence under Section 323 read with 149 of RPC beyond all shadows of doubt. Accordingly, they are convicted," the court said.
"However, evidence is lacking to prove commission of other offences under Sections 148, 336, 325, 341 & 302 of RPC, as such, they are acquitted for these offences," the court said.
The court also observed that prosecution has miserably failed to bring home the guilt against 28 others, acquitting them of the charges.