Pulwama, August 24 (KNS): In a significant ruling, the Principal Sessions Court of Pulwama has sentenced two men to life imprisonment for their involvement in a 2011 murder case.
As per the details accessed by Kashmir News Service (KNS), the convicts, Younis Ahmad Dar, son of Ghulam Mohi-ud-Din Dar, and Javaid Ahmad Bhat, son of Mohammad Ishaq Bhat, both residents of Rakhi Shalina Tengan, were found guilty under sections 302, 364, 387, 34, and 120-B of the Ranbir Penal Code (RPC).
The case dates back to October 28, 2011, when a young man, aged 21, was abducted and murdered. The police filed an FIR (No. 169/2011) at Pampore Police Station, leading to the arrest and trial of the accused. After a prolonged legal battle, the court found Younis and Javaid guilty of the charges, convicting them based on circumstantial evidence.
In its judgment, the court noted that while the prosecution sought the death penalty, arguing that the crime fell under the "rarest of the rare" category, the defense highlighted several mitigating factors.
The defense emphasized that the convicts were young, aged between 25 and 30, at the time of the crime and had already spent 13 years in judicial custody adding that there was no direct evidence linking the convicts to the crime, which influenced the court's decision to opt for life imprisonment instead of the death penalty.
The court cited several landmark judgments from the Supreme Court, including Bachan Singh vs.
Click Here To Follow Our WhatsApp ChannelState of Punjab (1982) and Machi Singh vs. State of Punjab (1983), which outline the principles for awarding the death penalty.
The court reiterated that life imprisonment is the norm and that the death penalty should only be imposed in cases of extreme culpability where no other punishment is adequate.
In addition to the life sentences under Section 302 RPC, the convicts were also sentenced to life imprisonment under Section 120-B RPC (criminal conspiracy), seven years of rigorous imprisonment under Section 364 RPC (abduction), and five years of simple imprisonment under Section 387 RPC (extortion). All sentences will run concurrently.
The court also addressed the issue of compensation for the victim's family. Recognizing the irreparable loss suffered by the victim's parents, the court directed the J&K Legal Services Authority to release an amount of Rs. 3 lakh as compensation to the family. The court acknowledged that the convicts, having spent over a decade in custody, were not in a position to pay the compensation themselves.
The convicts, currently lodged in Central Jail Srinagar, were informed of their right to appeal the sentence.
The case has drawn attention due to the prolonged trial and the impact on the victim's family. The court emphasized the importance of addressing both the punishment of the offenders and the plight of the victim's family, underscoring the need for a balanced approach to justice.(KNS)