Srinagar, Jul 09: A court in Srinagar has sentenced a man to life imprisonment for the 2017 murder of his cousin in Soura, while acquitting the co-accused after finding the prosecution had failed to establish the charges against him. The court also imposed a fine of Rs 50,000 on the convict, directing that the amount be paid as compensation to the victim’s family.
Principal District and Sessions Judge Srinagar, Haq Nawaz Zargar, convicted Altaf Ahmad Rather under Section 302 of the Ranbir Penal Code (RPC) for the murder of Mehraj-u-Din Mir. In its judgment, a copy of which lies with Alfaaz – The Words, the court held that the prosecution had proved the charge beyond reasonable doubt on the basis of oral, electronic, medical and circumstantial evidence.
According to the prosecution, Mehraj-u-Din Mir was fatally struck by a Mahindra Thar vehicle on Ali Jan Road in Soura on May 7, 2017. The investigation, relying on CCTV footage, eyewitness accounts and other evidence, concluded that the vehicle was allegedly driven by Altaf Ahmad Rather with the intention of killing the deceased following a prolonged dispute between the two families over financial transactions and jointly owned property.
The court observed that the deceased and the convict were first cousins, neighbours and former business associates. It noted that disagreements over financial liabilities and shared land ownership had resulted in prolonged litigation between the families before the incident.
During the sentencing proceedings, the prosecution sought capital punishment, contending that the offence fell within the “rarest of rare” category in view of its alleged premeditated nature and the manner in which it was committed. The defence opposed the plea and sought leniency, citing the convict’s personal circumstances, including his responsibility towards his wife and two minor daughters, and argued that life imprisonment would meet the ends of justice.
After considering the aggravating and mitigating circumstances, and applying the principles laid down by the Supreme Court on the award of capital punishment, the court held that while the murder was premeditated, the case did not satisfy the threshold for the death penalty. It accordingly sentenced Altaf Ahmad Rather to imprisonment for life and imposed a fine of Rs 50,000. In default of payment, the convict shall undergo six months of rigorous imprisonment.
The co-accused, who was tried alongside Rather, was acquitted after the court found that the prosecution had failed to prove the allegations against him beyond reasonable doubt.
The court further directed that the sentence be placed before the High Court of Jammu and Kashmir and Ladakh for confirmation in accordance with the legal procedure applicable to cases instituted prior to the reorganisation of the erstwhile State. It clarified that the sentence shall not be executed until confirmed by the High Court. The convict has also been informed of his statutory right to challenge the conviction and sentence before the High Court within 14 days.
