Excelsior Correspondent
JAMMU, Aug 13: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Chief Justice (Acting) Tashi Rabstan and Justice Puneet Gupta has upheld the life-imprisonment awarded to one Abdul Rashid, who killed his paternal aunt in the area under the jurisdiction of Satwari Police Station in the month of February 1993.
After hearing both the sides, DB observed, “the accused was the perpetrator of the crime committed during the course of occurrence. The act of the accused was premeditated. The evidence produced by the prosecution is direct and it can be gathered from the same that the accused intended to kill the victims or cause such bodily injury as he knew is likely to cause death or cause such injury which is sufficient in ordinary course to cause death”.
“Fatima Bibi had lost her life as she has received bullet injuries resulting into her instant death whereas the other victims including a minor child had received gunshot injuries and lucky to survive the death. Some of the victims have suffered grievous injuries from the gunshot fire by the accused is also revealed from the medical record”, DB said, adding “the trial court has given valid reasons for holding the accused guilty of offence under Section 302 read with Section 307 RPC”.
“This court finds no fault in the finding of the trial court. The court is of the view that the prosecution was able to prove the case against the appellant beyond shadow of doubt. The court finds no error in the judgment and order of the trial court in holding the accused guilty of commission of offence under Sections 302/307 RPC and convicting him for the same”, DB said while dismissing the appeal.
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