Ganderbal, Sep 30 (GNS): Additional District & Sessions Judge Ganderbal, Ms. Fozia Paul, today convicted Mohammad Shafi Magray, son of Mohammad Sidiq Magray of Chundina Ganderbal, in a 2018 murder case.
Magray was convicted for offences punishable under Sections 302, 379 and 201 of Ranbir Penal Code in FIR No. 33/2018 of Police Station Kheerbawani, then headed by SHO Arshed Selfie. He was acquitted of charge under Section 364 RPC.
The case related to the murder of Mohammad Yousuf Khanday, who had left his home on 31 May 2018 for J&K Bank, Chundina to withdraw money and went missing. His body was recovered on 2 June 2018 from fields adjoining Shallabugh/Batagund.
The prosecution case was based on circumstantial evidence.
The court held that medical evidence established death due to massive blunt-force head trauma with fracture in posterior occipital region and large extradural haematoma, proving homicidal death.
A key link was the monetary liability of accused towards the deceased. An affidavit acknowledging Rs 50,000 liability was proved by an independent petition writer, with handwriting expert connecting signatures to the accused.
The most compelling evidence, the court observed, was use of deceased’s ATM card immediately after his disappearance. Bank records showed Rs 4,000 transaction at Shaheen Service Station, Nadihal on 1 June 2018. Witness Fayaz Ahmad Dar, who knew accused, testified that accused used the card. Another transaction of Rs 500 at Nagbal on 2 June 2018 was also proved.
The deceased’s ATM card and Rs 11,700 cash were recovered from beneath matting in accused’s house pursuant to disclosure. Torn pieces of debt instrument bearing accused’s signatures were also recovered.
The court excluded disputed CCTV footage and fingerprint material and did not invoke last-seen theory. It also noted deficiencies in investigation and gave limited weight to alleged weapon recovery.
Applying principles of circumstantial evidence laid down in Hanumant Govind Nargundkar and Sharad Birdhichand Sarda judgments, the court held that cumulative circumstances excluded every hypothesis of innocence.
The court held prosecution proved beyond reasonable doubt that accused intentionally caused fatal injury and dishonestly removed cash and ATM card.
For Section 364 RPC, the court observed no witness saw accused compel or lure deceased, and allegation arose from inadmissible part of police confession, hence acquitted on that charge.
Magray has been directed to remain in judicial custody and will be produced separately for hearing on quantum of sentence.(GNS)
