Court Imposes ₹50,000 Fine, Recommends ₹5 Lakh Compensation for Victim’s Family Under J&K Victim Compensation Scheme
Anantnag, June 29 :The Court of the Principal Sessions Judge, Anantnag, has sentenced Showkat Ahmad Bhat, a resident of Batpora Khanabal, to imprisonment for life after convicting him in the 2019 murder of gas tanker driver Naseeb Singh in the sensational Qazigund killing case arising out of FIR No. 09/2019 of Police Station Qazigund.
Principal Sessions Judge Tahir Khurshid Raina pronounced the sentence after holding the accused guilty under Section 302 of the Ranbir Penal Code (RPC), observing that the prosecution had successfully established the charge beyond reasonable doubt through reliable ocular, medical, forensic and circumstantial evidence.
According to the judgment, the case was initially registered as a road accident under Sections 279, 337 and 427 RPC after a gas tanker plunged into a deep gorge near Glass Tower on the Jammu-Srinagar National Highway on January 17, 2019. However, during the course of investigation, an eyewitness disclosed that the incident was not an accident but a deliberate assault. Acting on the fresh evidence, the investigating agency deleted the accident-related offences and invoked Section 302 RPC for murder.
The Court held that the prosecution established that the accused, while driving a 12-tyre truck, developed a grudge after his vehicle was allegedly damaged in a collision with the gas tanker. Motivated by revenge, he overtook the tanker near Glass Tower, forcibly stopped it, dragged driver Naseeb Singh out of the vehicle and repeatedly assaulted him with an iron rod. The victim was left critically injured on the roadside while the unattended tanker rolled into a deep gorge. He later succumbed to his injuries during treatment.
The judgment records that the prosecution relied upon the testimony of eyewitness Mehraj Ahmad Naik, whose statement was recorded before a Magistrate under Section 164 Cr.P.C. The prosecution also produced evidence including the Test Identification Parade (TIP), recovery of the iron rod at the instance of the accused, medical and forensic evidence, call detail records placing the accused at the scene of occurrence, seizure of the offending truck and other corroborative material, forming a complete and unbroken chain of circumstances establishing the guilt of the accused.
The Court accepted the medical evidence showing that the deceased sustained multiple grievous injuries resulting in massive haemorrhage and cardio-respiratory arrest. The doctors who conducted the post-mortem examination opined that the repeated forceful blows inflicted with the recovered iron rod were sufficient in the ordinary course of nature to cause death. The Forensic Science Laboratory (FSL) report ruled out poisoning and further supported the prosecution case.
While awarding the sentence, the Court observed that the offence resulted in the loss of an innocent human life and deserved stern punishment. However, after balancing the aggravating and mitigating circumstances, it held that the case did not fall within the “rarest of rare” category warranting the death penalty.
The Court took note that the convict was a first-time offender, belonged to a modest socio-economic background, worked as a driver before his arrest, had an aged mother of about 80 years, a wife and three minor children dependent upon him, and had maintained satisfactory conduct during nearly five years of incarceration. It further observed that the prosecution had failed to establish that the convict was beyond the possibility of reformation and rehabilitation.
Accordingly, the Court sentenced Showkat Ahmad Bhat to imprisonment for life under Section 302 RPC and imposed a fine of ₹50,000. In default of payment of the fine, the convict shall undergo further simple imprisonment as provided in the sentencing order. The Court directed that the fine amount, if recovered, be paid to the legal heirs of the deceased.
Recognising the financial hardship suffered by the victim’s family and the prolonged ordeal they had undergone, the Court also recommended payment of ₹5 lakh as compensation under the Jammu and Kashmir Victim Compensation Scheme, 2019, directing the Legal Services Authority to process and release the amount expeditiously.
The prosecution in the case was conducted by Public Prosecutor Ab Rashid Mir, who represented the State during the trial.
Relying upon the settled principles laid down by the Supreme Court on sentencing policy, the Sessions Court held that life imprisonment would adequately meet the ends of justice while preserving the possibility of reform and rehabilitation of the convict.
The Court further directed that a copy of the judgment and sentence be forwarded to the High Court of Jammu & Kashmir and Ladakh in accordance with law and informed the convict of his statutory right to file an appeal before the High Court within the prescribed period of limitation. (KNC)
