Excelsior Correspondent
SRINAGAR, Aug 24: A local court here convicted two accused persons for murder of a young boy and awarded sentence of life to both.
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Principal Sessions Judge Naseer Ahmad Dar awarded life sentence to accused Younis Ahmad Dar and Javaid Ahmad Bhat, both residents of Rakhi Shalina Tengan for committing murder
“Therefore, keeping in view the entire facts and circumstances of the case, this is not a fit case for inflicting death sentence under Section 302 RPC. Hence it will be just and proper to sentence the convicts to imprisonment for life under Section 302 RPC”, court concluded
The court further convicted both the accused for commission of kidnapping for 7 years rigorous imprisonment and 5 years simple imprisonment for commission of extortion and said all the sentences shall run concurrently.
For execution of the sentence of life imprisonment the matter has been referred to High Court for confirmation in terms of Section 374 read with 376 of CrPC.
As the prosecution was seeking death and paying of penalty from both the accused and the court said the convicts have been behind the bars for the last more than 12 years and a long incarceration has an effect upon their social and economic status, in such a situation, convicts cannot be compelled to pay fine or compensation to the victim.
The court directed the Member Secretary, J&K Legal Services Authority, to release an amount of Rs. 3 lacs as compensation in favour of the parents of the deceased.
The convicts are presently lodged in Central Jail Srinagar and therefore, necessary warrant of committal have been ordered to be sent to Superintendent Central Jail Srinagar for lodging of these convicts and receiving the sentence subject to confirmation by the High Court.
“Registrar Judicial, High Court of J & K may place the Reference before the appropriate Bench. Convicts have been apprised regarding their right to prefer an appeal, if they are desirous to do so. Copy of the order of sentence be furnished to the convicts free of cost”, read the quantum of judgment.
Earlier both the accused were convicted by the court vide its judgment dated 17-08-2024, under Sections 302, 364, 387 RPC read with Section 34 and 120-B RPC.
“The deceased was a young boy of around 21 years of age at the time of his death who was undergoing his studies and was the lone son of his parents. The criminal justice System has to address the plight of the victim also. Mere punishment will not satisfy the victim who has suffered as a result of commission of the crime. The real victims are his parents. One cannot assess the shock and trauma caused to his parents, near and dear ones. No amount of compensation can repair the irreparable loss caused”, read the judgment.
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