Srinagar- A court in Srinagar has sentenced a man to seven years rigorous imprisonment for culpable homicide not amounting to murder in connection with the death of a person during scuffle at Soura here in June 2018.
“Keeping in consideration the fact that the accused has no criminal background and is the only male member in the family and the manner in which the offence was committed, the accused No.1 being convicted u/s 304-II is sentenced to rigorous imprisonment for seven years,” the court of Ist Additional Sessions Judge Srinagar Khursheed Ul Islam said.
The court also imposed a fine of Rs 10,000 on the convict, Mukhktar Ahmed Shah, and ordered that in default of payment of fine, he will undergo further imprisonment of three months.
“The period already undergone in confinement during the trial shall be set off against the sentence awarded”.
The case, according to prosecution was registered following a complainant by a woman with Police Station Soura that on 6 June 2018 her husband Ghulam Ahmed Mir was beaten to death by accused including Mukhktar Ahmed Shah, his father Ghulam Mohammed Shah and sisters of Mukhtar during irrigation of land. The victim, as per the prosecution, was attacked with hard lathi and sharp weapon on the back of head.
“…on the basis of the legal propositions settled by the law, it can be safely concluded that prosecution has failed to establish that there was prearranged plan between the accused persons as such accused are not vicariously liable under section 34 RPC,” the court had said while convicting Shah, adding, “Another important point for consideration is the disappearance of spade used by accused No. 2 as weapon of offence. None of the witnesses cataloged by prosecution have stated regarding disappearance of the shovel neither through direct evidence nor through circumstantial evidence. As such does not attract punishment to accused persons under section 201 RPC. I am of the view that prosecution has miserably failed to prove that accused has caused the disappearance of the spade.”
Furthermore, the court had said, one of the accused—Ghulam Mohammad Shah— as per the prosecution story has used the spade in the quarrel has died during the trial and the proceedings against him stand abated.
“Viewed thus, I have no hesitation in observing, at the cost of repetition that the prosecution has succeeded in proving its case beyond any reasonable shadow of doubt against the accused No. 1 (Mukhtar) for committing culpable homicide not amounting to murder of the deceased,” the court said, accordingly convicted Mukhtar for offence under section 304 part II. Mukhtar’s sisters were acquitted of the charges levelled against them.
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