Excelsior Correspondent
SRINAGAR, Nov 3: High Court today upheld lifer given by the Trail Court to former Hizbul Mujahideen Commander for killing a doctor in Pattan area of district Baramulla in 2005.
“We are clearly of the view that the Additional Sessions Judge has correctly convicted the appellant for having committed the offences under Section 302 RPC and Section 7/27 Arms Act and the sentence of life imprisonment along with fine of Rs.10,000 is also in order”, Division Bench headed by Chief Justice Badar Durrez Ahmad said.
DB consequently dismissed the appeal filed by accused challenging his sentence and confirmed the conviction.
As per the prosecution, the appellant is said to be a dreaded militant and District Commander of the HM Militant Outfit whereas the deceased Riyazul Hassan of Hanjiveera Bala was a BUMS doctor and worker of a political party and its zonal president.
As per the prosecution, the appellant allegedly caused the death of the deceased with the purpose of instilling fear in the hearts and minds of the people.
Division Bench after examining the impugned judgment and also considering the arguments advanced on the part of the appellant as well as on the part of the State observed, “In so far as the first point is concerned, that is with regard to the cause of death, there can be no manner of doubt that the deceased died because of the gunshot injury as opined by one of the witnesses. It was clearly homicidal. Therefore, the conclusion of the trial court that the deceased received a bullet and suffered the gunshot injury which caused his death, cannot be faulted”.
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