Excelsior Correspondent
JAMMU, Oct 12: Principal Sessions Judge Bhaderwah, Balbir L Jaswal has awarded life imprisonment to Irfan Ali, son of Shafqat Ali of Kilhotran, Gandoh, for the brutal murder of village Sarpanch Sher Mohammad Rather over two decades ago.
The judgment came in connection with FIR No. 57/2002 registered at Police Station Gandoh under Sections 302/34 of the Ranbir Penal Code and Section 7/27 of the Arms Act. The case, which had remained pending for years, culminated in a conviction.
During the hearing on the quantum of punishment, Public Prosecutor K K Bandral argued that Irfan Ali had intentionally killed an innocent person in a “gruesome and inhuman” manner and deserved the death penalty.
Defence counsel N K Gupta, appearing for the convict, sought leniency, contending that the incident occurred “in a fit of anger” and not as part of any organized crime.
After hearing both sides and examining precedents laid down by the Supreme Court, the court observed that life imprisonment is the rule and death sentence an exception, to be applied only when the convict poses a continuing threat to society and is beyond reformation.
Referring to the evidence, the court noted that the murder was committed in an extremely brutal and premeditated manner. Irfan Ali, along with a co-accused, had forcibly entered the residence of Sher Mohammad on July 4, 2002, dragged him out in front of his family members, and killed him in full public view. The motive, the court said, stemmed from political rivalry, as the deceased had been elected Sarpanch of the area.
While acknowledging the mitigating circumstances put forth by the defence, the court held that the aggravating factors far outweighed them. “After drawing a balance sheet of aggravating and mitigating circumstances, I find hardly any mitigating factor in favour of the convict. The offence committed falls in the category of inhuman and barbaric”, the Judge said.
Consequently, the court sentenced Irfan Ali to life imprisonment for the murder under Section 302/34 RPC. The sentence, however, is subject to confirmation by the High Court of Jammu and Kashmir and Ladakh as mandated under Section 374 of the CrPC. The convict will remain lodged in District Jail Bhaderwah until the High Court’s confirmation.
The post Court awards life imprisonment in Sarpanch’s murder case appeared first on Daily Excelsior.