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| HC sets aside acquittal of murder accused, awards life-imprisonment | | Sunjwan Firing Case | | Early Times Report
Jammu, Dec 14: In the Sunjwan CRPF camp firing case, a high court division bench of Justice Mohammad Yaqoob Mir and Justice Janak Raj Kotwal today set aside the trial court judgment and awarded the accused rigorous imprisonment for life and directed him to pay a fine of Rs 10,000 in proof of offence under section 302 of RPC.
"Likewise, we sentence the accused to imprisonment for a period of five years and direct him to pay a fine of Rs 5,000 in proof of offence under section 30 of Arms Act to Gurmeet Singh.
As per the prosecution case, that was set up before the trial court, CRPF headconstable Jamal Ahmad Khan was shot inside his tent in a CRPF camp in sector 6 of Chhani Himmat on September 23, 2000 at about 8.45 pm. He was evacuated to Government Medical College Hospital, Jammu, where he was declared brought dead.
Prosecution witness Raghuvansh Kumar, Assistant Commandant of the Bn lodged a written report about the incident at Police Station, Channi Himmat, at about 10 pm which was entered as Report No 29 in the daily diary of the police station. While reporting the incident, he stated that though it was not known as to who shot at Jamal but constable Gurmeet Singh of the unit staying in the same tent had gone absconding from the camp and that four used cartridges were also found under the cot on which the victim was lying with bullet injuries. On this information, offences under sections 302 of RPC and 3/25 of Arms Act were registered at Police Station, Trikuta Nagar.
The bench, after hearing the additional advocate general (AAG) observed that the impugned judgment of acquittal rendered by the trail court "is set aside and we hold that the prosecution has succeeded in proving the charge against the accused and convict the accused under section 302 of RPC and 30 of Arms Act and having regard to the facts of the case sentence him to rigorous imprisonment for life and to pay a fine of Rs 10,000 in proof of offence under section 302 of RPC. Likewise, we sentence the accused to imprisonment for a period of five years and to pay a fine of Rs 5000 in proof of offence under section 30 of Arms Act. In default of payment of fine, he shall undergo imprisonment for a further period of one year and six months respectively. Imprisonment for both the offences shall commence simultaneously. Bail bonds of the accused stands cancelled. He shall appear before the trial court within two weeks for undergoing the sentence. In case of his failure, the trial court shall proceed in accordance with law so that the sentence is executed". --(JNF) |
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