Samaniya Bhat
In a landmark judgement towards streamlining criminal justice system, Principal District and Sessions Judge Baramulla Sanjeev Gupta today settled a 36-year-old double murder case by convicting one among the two accused.
As per prosecution case, complainant party, as well as accused persons, belong to village Shelteng, tehsil Baramulla. The deceased Jamal Fafoo had purchased land measuring 3 kanals situated at Zogiyar from one namely Zaina, which the accused party did not take kindly. Thereafter litigation started between the parties and both the parties were forbidden not to cultivate the land. Later, an altercation ensued between the two sides in which one Jamal Fafoo and his son Hassan Fafoo were beaten with lathis, kicks and fists resulting in some minor injuries to Jana, wife of Jamal Fafoo.
In the meantime, the accused Ghulam Nabi Dar pulled out a knife from his underpants and thrust it in the chest of the deceased Jamal Fafoo resulting in his instantaneous death. His son Hassan Fafoo rushed to save his father who too was attacked by Sultan Fafoo, the 2nd accused in the case, and later died after some time. The investigation in the case FIR No. 150/1984 for the offence under sections 302, 323, 447, 148, 149 RPC culminated in filing the charge sheet in the court against twelve accused. During trial of the case out of twelve accused, seven died.
After hearing the Public Prosecutor appearing on behalf of the state and counsel for the accused, Principal District and Sessions Judge held that prosecution has succeeded in proving its case against accused Ghulam Nabi Bhat and Sultan Fafoo for the commission of offence under sections 304-II RPC, however, accused Sultan Fafoo had died during the trial of the case. The rest of the surviving accused namely Rahmi, Khursi and Gull Mir were acquitted of the charges.
The Judge, who is also holding the additional charge of court of Additional Sessions Judge Baramulla, before which the case was pending for over 30 years, convicted Ghulam Nabi Dar who remained in custody for a period of 8 years, 10 months and 4 days during the investigation and trial of the case, was sentenced to undergo imprisonment under section 304-II RPC to the period already undergone besides a fine of Rs 25,000 was also imposed on him. In default of payment of fine, the convict shall undergo simple imprisonment of 6 months. The fine amount shall be paid to the family of the victim as compensation.
