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| HC upholds 10-year sentence in 2001 Shopian fatal clash, rejects murder charge | | | Early Times Report
JAMMU, Sept 29: The High Court of Jammu & Kashmir and Ladakh has upheld the 10-year sentence awarded to Shakeel Ahmad Hajam in connection with a fatal 2001 clash over a land dispute in Shopian, while rejecting the State's plea to treat the case as murder under Section 302 RPC.
A Division Bench comprising Chief Justice Dr. Pushpendra Singh Bhati and Justice Sanjeev Kumar dismissed the appeal filed by the convicts as well as the State's acquittal appeal. The judgment was pronounced on September 28, 2026.
The case arose from an incident of August 26, 2001, when a clash broke out between two groups at Padpawan, Shopian, over a property dispute. According to the prosecution, several persons entered the complainant's compound armed with lathis, axes and other implements. During the confrontation, Gull Lone sustained a head injury and later died at Soura Hospital.
The Sessions Judge, Pulwama, had acquitted the accused of the murder charge under Section 302 RPC. However, Shakeel Ahmad Hajam was convicted under Sections 304(II) and 447 RPC and sentenced to 10 years' simple imprisonment with a fine of ?20,000. Khurshid Ahmad Hajam was convicted under Sections 325 and 447 RPC and sentenced to five years' imprisonment, with the sentences directed to run concurrently.
While examining the evidence, the High Court observed that Shakeel had inflicted a single blow with the blunt side of an axe on the head of the deceased during a scuffle arising from the land dispute.
The Bench noted that although the accused was carrying an axe, he neither used its sharp edge nor repeated the blow. The nature of the weapon, the single injury and the circumstances preceding the assault, the Court held, indicated an absence of intention to cause death. At the same time, the accused could be attributed with knowledge that such a blow on the head was likely to cause death.
The Court further held that the occurrence was not premeditated but arose out of a sudden fight in the heat of passion over the property dispute. It therefore found no ground to convert the conviction into one for murder under Section 302 RPC.
The Bench also rejected the contention that prosecution witnesses should be discarded merely because they were related to the deceased, observing that testimony of related witnesses can be relied upon if it withstands careful scrutiny.
The High Court ultimately upheld Shakeel Ahmad Hajam's conviction under Sections 304(II) and 447 RPC and Khurshid Ahmad Hajam's conviction under Sections 325 and 447 RPC, holding that the sentences imposed were neither disproportionate nor arbitrary.
Both appeals were accordingly dismissed, with the Court declining to interfere with the acquittal of the accused on the murder charge.
(JNF) |
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