Murder Convict Handed Lifer, Fined Rs. 1 Lac Fine in Kupwara
Srinagar: The District & Sessions Court Kupwara Saturday awarded a murder convict, life sentence and imposed on him a fine in tune of rupees one lac.
Contending that the case falls in the ‘rare of the rarest’ category, the Public Prosecutor had pleaded before the Court that the convict Sajad Ahmad Sheikh, son of Abdul Rahim Shiekh, resident of Tikipora, Lolab, Kupwara, ‘was under a trust relation with the deceased (victim) and resorting to breach of the (trust) relation deserved maximum punishment.’
The Counsel appearing for the convict Sajad Ahmad Sheikh, on the other side prayed that the convict falling within the age group of 30 and already having suffered an incarceration for almost fourteen years now, deserved a ‘lenient view’ from the Court even as the Counsel maintained the convict was in a very tender age and thus the cas did not fell with the ‘rare of the rarest’ category.
The Court after hearing the arguments from the learned counsels, while awarding the sentence observed that, “the object of awarding sentence is to protect the society and to deter the criminals by imposing appropriate sentences.”
“While awarding the sentence to the convict in light of his prior criminal record, his age, home life and prospect of his returning on the normal path of conformity with the law, the material on the file has to be examined to help award just punishment.”
Finding material in the argument of Prosecution, that “the accused committed murder of deceased because for the greed of the convict which he developed, as the deceased was carrying some money in his possession which he had taken on loan for the purpose of purchasing tin sheets, besides some more money was sanctioned to the deceased from IAY Scheme,” the Court however observed that given the fact that “the occurrence is of 08.08.2010 and convict been in custody for over a period 14 years, it is quite probable that the accused who has been in incarceration for a period of 14 years must be in the state of sorrow and repented his act committed in that one short moment.”
www.kupwaratimes.org
“It is a settled position of law that imprisonment for life is the rule and the death penalty an exception.”
Observing that the purpose of sentencing is “reformation of the Convict and also at the same time balancing and strengthening the hope of society in the Administration of Criminal Justice System that no guilty can go unpunished for the crime he has committed”, the Court, as per Kupwara Times, went on to say that upon the cumulative discussions made and upon weighing the overall circumstances of the case, the case of prosecution does not fall within the category of “rarest of the rare case”.
Sentencing the convict to undergo Imprisonment for life for the commission of offence under Section 302 RPC and a fine of Rs. 1.00 lac, the Court said that in case of default of payment of fine the Convict shall further undergo sentence of hard labour until the fine amount is satisfied. The amount of fine, if realized, shall go to the family of the victim.
www.kupwaratimes.org
The Court in terms of Section 374 contained in Chapter XXVII Code of Criminal Procedure, Svt. 1989 said the record is submitted to Hon’ble High Court of J&K and Ladakh at Srinagar and in the meantime the Registry is directed to transmit the record of the file to Ld. Registrar Judicial Hon’ble High Court of J&K and Ladakh at Srinagar with the request for placing the same before the Hon’ble Bench for confirmation of sentence of convict.
“Pending confirmation of sentence, Convict shall remain lodged at Central Jail Srinagar,” said the Court.
