Srinagar: The Principal Sessions judge Kulgam on Tuesday sentenced a woman and her “paramour” to life imprisonment besides imposing a fine of Rs three lakh for killing her husband in Modergam Kulgam almost 12 years ago.
District Principal Sessions Judge Kulgam, Aijaz Ahmed Khan, while announcing the quantum of punishment observed “justice demands that courts should impose punishment befitting the crime, reflecting public abhorrence of the crime”.
“The courts must not only keep in view the rights of the criminal but also the rights of the victim of crime and the society at large while considering imposition of appropriate punishment,” the court said adding that undue sympathy to impose inadequate sentence would do more harm to the justice system to undermine the public confidence in the efficacy of law and society could no longer endure under such serious threats.
“It is, therefore, the duty of every Court to award proper sentence having regard to the nature of the offence and the manner in which it was executed or committed etc,” the court said and sentenced the convicts to life imprisonment with fine of Rs 3,00,000 for the offence under section 302 RPC.
The court ordered that fine shall be paid by convict Ali Mohammad Dar and in default of payment of fine he shall undergo further simple imprisonment for one year.
According to police, the body of one Ab. Rashid Dar of Modergam was found hanging from a tree on 21 December 2013 in south Kashmir’s Kulgam district.
During the proceeding, police said, postmortem of the deceased was conducted and it was observed that his private parts were squeezed and neck was broken, leading to the suspicion that some person(s) have killed Dar and left his body hanging with the tree.
Subsequently, police said that several suspected persons were questioned and upon interrogation, one Ali Mohammad Dar of Modergam disclosed that he had illicit relations with the wife of the deceased namely Muzamil and accordingly they prepared a plan to eliminate Dar. On the date of occurrence, police said, both gave some medicines to the deceased with which he got unconscious and thereafter his private parts were squeezed and his mouth and nose were closed while his neck was broken and her got killed. Thereafter during the night, the deceased was taken to a field and kept hanging from a tree.
Consequently, police filed chargesheet and on July 17, the Principal Sessions Judge, Kulgam convicted the duo for murdering Dar who is survived by daughter and two sons.
Meanwhile, the court deemed it proper to recommend the case of the family of the deceased to Chairman District Legal Services Authority Kulgam for accord of compensation in terms of J & K Victim Compensation Scheme under sec 545-A CrPC in view of the trauma suffered by the children, especially by the daughter of the deceased.
