Srinagar: A Sessions Court in Srinagar Thursday sentenced a man to rigorous imprisonment for life for the murder of Abdul Gani Dar, also known as Abdullah Gazali (Gani Ghazali), a resident of Russu, Beerwah in Budgam district, who was killed inside the Jamiat-e-Ahli Hadith (Markazi Ahle Hadees) Mosque in the Maisuma-Gawkadal area of Srinagar on February 13, 2020.
Gazali was a prominent Jamiat-e-Ahlihadith cleric and a “former chief and an early commander of the armed outfit Tehreek-ul-Mujahideen”.
Principal Sessions Judge Shahzad Azeem sentenced Ghulam Mohi-ud-Din Dar of Buchwara, Dalgate, Srinagar, after holding him guilty under Section 302 IPC.
While the prosecution sought the death penalty, describing the crime as falling within the “rarest of rare” category, the court held that the case, despite its brutality, did not warrant capital punishment.
The prosecution argued that CCTV footage showed the accused repeatedly assaulting the elderly victim with fists and kicks before smashing his head against a cement pillar inside the mosque, continuing the assault until he was satisfied that the victim had died.
It contended that the murder, committed inside a place of worship on a Friday, shocked society’s conscience and deserved the death sentence.
The defence pleaded for leniency, contending that there was no premeditated intention to kill, that the deceased had provoked the accused, and that the convict’s age, absence of criminal antecedents and family responsibilities should be treated as mitigating circumstances.
In its sentencing order, the court observed that life imprisonment is the rule while the death penalty is an exception, to be imposed only in the “rarest of rare” cases as laid down by the Supreme Court in the Bachan Singh and Machhi Singh judgments.
The court described violence inside a place of worship as a serious aggravating circumstance, observing that a mosque is a sacred place where people gather for prayer, solace and peace.
It remarked that such acts undermine communal harmony, public confidence and the sanctity of religious institutions, adding that “violence in a place meant for worship and peace cannot be tolerated.”
The court also observed that the accused appeared to have believed that the offence would go unnoticed, but CCTV surveillance exposed the crime.
It remarked that while technology may reveal what human eyes fail to witness, no criminal act remains concealed for long and offenders are ultimately brought to justice.
At the same time, the court held that the convict’s advanced age, absence of previous criminal record and possibility of reform were significant mitigating factors, making life imprisonment the appropriate sentence.
Besides sentencing the convict to rigorous imprisonment for life, the court imposed a ₹50,000 fine, payable to the victim’s legal heirs if recovered.
It also directed the Jammu and Kashmir State Legal Services Authority to pay ₹7 lakh as compensation to the victim’s dependants within three months under the Jammu and Kashmir Victim Compensation Scheme, 2019, noting the hardship faced by the family, particularly an unmarried daughter stated to be of unsound mind.
