Excelsior Correspondent
JAMMU, Sept 30: Principal Sessions Judge Kulgam Tahir Khurshid Raina has awarded life imprisonment to Shahijahan Padder alias Shah Lal Padder, son of Ghulam Hassan Padder of Kulgam, who had committed the murder over a dispute.
While having an eye on the overall situation of the case and arguments heard from the counsel for the accused, the court observed, “the case is based on circumstantial evidence and not on direct evidence. There are defects and lapses left in the investigation which can be point of debate in the superior courts”, adding “the accused has faced long trial of 12 years and during this whole span he was inside the jail”.
“Apart, it has been brought in the notice of the court during hearing on quantum of sentence that accused is a first time offender. His mother has recently passed away and is now having an old age father, a wife and two minor sons in his family”, Principal Sessions Judge said, adding “awarding of death penalty will cost the whole family hugely and will get wreck completely”.
“Now their any hope of survival will be just a hope to see him alive in jail and an expectation of him to be released at any stage of time. Let them survive with this hope”, the Judge said, adding “I do not find any such gravest aggravating circumstance which is so uncommon in our society about the crime committed”.
“Taking a joint and holistic view of the circumstances, I am of the considered view that in the facts and circumstances of this case, the life imprisonment is the appropriate punishment to be awarded to the convict for commission of murder of the deceased with fine at the rate of Rs.10,000”, the Judge said.
For commission of offence under Section 364 RPC, the convict was awarded ten years imprisonment with fine of Rs.5,000. Likewise for the commission of offence under Section 201 RPC, he was awarded three years imprisonment and fine of Rs.5000.
“All the sentences to run concurrently. The period of detention already undergone by the convict has to be set off to the total imprisonment awarded to him. In case of nonpayment of fine, he will further undergo an imprisonment of 6 months that too will run concurrently”, the court said, adding “as the punishment awarded is life imprisonment, accordingly, the case file and the judgement are submitted High Court for confirmation of the sentence”.
“Let the warrant of imprisonment containing details of the sentence awarded to accused be prepared and sent to Superintendent Central Jail Srinagar where the accused is presently lodged in, to undergo his sentence as awarded by this court”, the Principal Sessions Judge said.
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