Excelsior Correspondent
Srinagar, Aug 28: A local court convicted a counter in surgent for murder and sentenced him to rigorous imprisonment of ten years and fine to the tune of Rs 50,000.
The Court of Ist Additional Sessions Judge Baramulla while convicting one Abul Qayoom Dar said the fine as imposed on accused shall be paid to the complainant of the case as compensation. “In case of default of the fine, the convict shall further undergo three months simple imprisonment”, reads the judgment.
Court said the period undergone by the convict during the course of investigation and trial of the case shall be set off against the imprisonment of sentence awarded against him.
As per the details of the case, the complainant on 22-06-2002 lodged a written report in Police Station Sopore to this effect that on 22-12-2001 the son of the complainant Manzoor Ahmad Wani son of Abdul Rahim Wani of Tragpora was picked up by an army officer who was accompanied by two renegades Abdul Qayoom Tantray son of Abdul Sattar Tantray of Rohama and Ghulam Ahmad Malik alias Jahangir of Buden Tehsil Sopore.
Upon receiving this complaint a case bearing FIR No. 126/2002 U/Ss 364 RPC was registered in the Police Station Sopore. During the investigation of the case the investigating agency recorded the statements of 25 witnesses and apprehended the accused namely Abdul Qayoom Tantray after a gap of four years from the date of occurrence and from his possession a pistol and some rounds were recovered.
During the investigation of the case it came to fore that the accused Ghulam Ahmad Malik aka Jahangir was killed by unknown gunmen during the intervening night of 27/28 April 2003.
The investigating agency approached to the concerned higher authorities for handing over of army officer for questioning but he was not produced before the investigating agency. The SHO Police Station Sopore at the time of presentation of challan mentioned this fact that after obtaining the necessary sanction from the Govt. the supplementary challan will be submitted against the army officer in the court.
The investigating agency relying on the evidence collected, completed the investigation of the case U/S 364, 302, 201 RPC, 7/25 A. Act against the accused Abdul Qayoom Tantray and U/S 364, 302, 348,109,201 RPC against accused Ghulam Ahmad Malik @ Jahangir (Deceased) and army officer, whileas offence punishable U/S 348, 109 RPC was established against the another accused Gulzar Ahmad Bhat alias Setha son of Mohammad Sultan Bhat of Rohama who was arrayed as accused in the case on the basis of statements of witnesses recorded by the investigating agency.
After hearing both the parties and appreciating the evidence the court of 1st Addl. Sessions Judge Baramulla held accused Abdul Qayoom Tantray guilty for the offence punishable U/S 364 RPC and acquitted him from the offences punishable U/S 302,201,348,109 RPC, 7/25 A.Act. The Court acquitted the accused Gulzar Ahmad Bhat @ Setha from the offence 348,109 RPC.
The Court further held that the army officer, who belongs to 28 RR appears to be main accused in the case but till date neither the prosecution nor I/O have been able to produce supplementary charge sheet against the said person before the Court nor they have obtained the requisite sanction for his prosecution.
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