Gone are the days when people hearing about murder would feel sky has turned red: HC
SRINAGAR: Gone are the days when people hearing about murder of a human being would feel that the sky has turned red, the J&K High Court observed while upholding life sentence and imprisonment to a Doda man for ‘butchering’ a 35-year-old person 15 years ago.
“A young man just thirty-five years old has been deprived of so many summers of his life. Alas! Gone are the days when people hearing about murder of a human being would feel that the sky has turned red,” a division bench of Justices Mohammad Yaqoob Mir and BS Walia observed while upholding conviction and life-imprisonment sentence awarded by trial court to Mohammad Iqbal son of Imam Din Jaral of Doda.
“Humanity feels ashamed when a human being murders another human being. To give vent to enmity and to bury humanity cannot be acceptable to civilized society,” the court said.
As per prosecution, on 29 June 2002 deceased Saidulla Paray and other persons were sitting in a hotel and at about 12.45pm, Mohammad Iqbal entered, sat on a table and started writing letter, then quietly moved out. He then went to an adjacent butcher shop belonging to Haq Nawaz, picked up a butcher knife (‘Toka’), came back running and gave fatal blows on the head and face of Parray. He then left the knife there and ran away, the prosecution said. He was chased by butcher (Haq Nawaz) and with the aid of CRPF personnel stationed there, Iqbal was caught hold of and taken to the police station.
The investigation of the case on its completion culminated in filing the charge sheet and on conclusion of trial, Iqbal was convicted under Section 302 RPC and 4/25 Arms Act and sentenced to life imprisonment and fine of rupees five thousand under Section 302 RPC. In default of payment of fine, the accused was to undergo further simple imprisonment of two months whereas under Section 4/25 Arms Act he was sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of rupees one thousand.
“Five independent natural witnesses to the occurrence have in natural sequence of the events clearly deposed and supported the prosecution case by stating, as to how the accused brutally attacked the deceased with butcher’s knife. The testimony of these witnesses in any manner has not been impeached,” the high court said and confirmed the conviction and life sentence to Mohammad Iqbal.