STATE TIMES NEWS
HANDWARA: Additional Sessions Judge Handwara awarded life-imprisonment to terrorist Mushtaq Ahmed Malla whereas other terrorist namely Farooq Ahmed Chopan was killed by Army in an encounter at Shahnagri (Kupwara) in 2006.
According to case, Police Station received confidential information on December 22, 2005 that two terrorists have shot dead one Tariq Ahmed, son of Abdul Qayoom, resident of Shotgund at Adoura and one of the terrorists was identified as Mushtaq Ahmed Malla, son of Ghulam Ahmed Malla, resident of Shotgund Payeen. Accordingly, FIR No. 337 of 2005 under section 302 of IPC and Sections 7/27 of Arms Act was registered and investigation started.
Additional Sessions Judge Handwara after hearing both the sides observed that it appropriate to take count of principle of proportionality to punish the convict. Guided by the law that the Supreme Court has enunciated on the subject, considering the entire facts and circumstances of the case, considering the fact that the present case does not fall with the category of the rarest of rare cases and considering that the Supreme Court has held unconstitutional the provision of section 27 (3) of the Arms Act in Dalbir Singh, this Court does not think proper to sentence the accused to capital punishment for the offence of murder. “The capital punishment would be disproportionate to the crime and rebel against judicial conscience. The sentence that this Court considers the most proper or appropriate to award to the convict for committing the offence of murder is the sentence of imprisonment for life and fine. The convict shall accordingly stand sentenced to the imprisonment for life and fine of Rs 50,000 under section 302 of Penal Code for committing the offence of murder. He shall stand sentenced to imprisonment for a term of seven years and fine of Rs 10000,” the Court directed.