Excelsior Correspondent
Srinagar, March 14: A local court today convicted two brothers for the death of a man in Bandipora district and kept the announcement of quantum of sentence for the duo tomorrow.
The Principal Sessions Judge Bandipora Amit Sharma convicted two brothers Mohammad Ramzan Dar and Mohammad Yousuf Dar residents of Illahipora, Bandipora for the death of one Abdul Rehman Dar of Aloosa, Bandipora.
The convictees and the deceased were having some dispute over land and on the day of occurrence the deceased was attacked on his head by the accused causing his death in 2016. The death of the deceased led to the registration of FIR for the commission of offence u/s 302 (murder).
Both the accused were arrested and produced before the CJM Bandipora and challan was committed to the court for trial and in view of the crime involved in the case the challan was committed to the session’s court.
The court after analyzing all the witnesses said it would be a case of murder because the basic ingredients of intention to cause death is absent in the given facts and circumstances of the case.
Courts said the accused persons were having no intention to kill the deceased and the mitigating circumstances can be gathered from this very act of the accused that they had inflicted only one blow on the deceased as admitted when the whole incidence took place.
“Taking into consideration the oral evidence led by the prosecution this court has arrived at this conclusion that the criminal liability of the accused persons in the given facts and circumstances are attracted under section 304(II) of RPC”, read the judgment.
Court concluded that the prosecution has been able to prove the case by all shadow of reasonable doubt against the accused persons. “They are guilty for commission of an offence culpable homicide not amounting to murder and thus they are convicted u/s 304(II) and quantum of sentence to be imposed the accused shall be heard on March 15”, reads the judgement.
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