Kupwara man sentenced to life imprisonment in murder case

Srinagar, June 29: The District & Sessions Court in Kupwara has sentenced Sajad Ahmad Sheikh, a resident of Tikipora, Lolab, to life imprisonment and fined him Rs. 1 lakh for murder.
The decision comes after extensive deliberation on whether the case fell within the “rarest of the rare” category.
The Public Prosecutor argued that the case did indeed fall into this category, highlighting that Sheikh, being in a trust relationship with the victim, breached that trust in the most grievous manner and deserved the maximum punishment. The prosecutor highlighted the gravity of the crime, asserting that such a betrayal warranted the harshest penalty available under the law.
On the other hand, Sheikh’s defense counsel contended that Sheikh, who is now around 30 years old and has already spent nearly fourteen years in prison, deserved leniency. The counsel argued that Sheikh was very young at the time of the crime, which should be taken into account when considering his sentence, and that the case did not meet the criteria for the “rarest of the rare” category.
After hearing both sides, the Court noted the primary goal of sentencing to protect society and deter potential criminals through appropriate penalties. The Court considered Sheikh’s age, prior criminal record, home life, and potential for rehabilitation when deciding on the sentence.
The Court found merit in the prosecution’s argument that Sheikh committed the murder out of greed. The victim, who had some money intended for purchasing tin sheets and funds sanctioned from the IAY Scheme, was targeted by Sheikh. Despite this, the Court acknowledged that the crime occurred on August 8, 2010, and Sheikh had been in custody for 14 years, likely giving him ample time to reflect on his actions and experience remorse.
The Court stated that sentencing should balance the convict’s reformation and society’s confidence in the justice system, ensuring that no guilty individual goes unpunished. Consequently, the Court determined that the prosecution’s case did not qualify as “rarest of the rare.”
Sheikh was sentenced to life imprisonment under Section 302 of the Ranbir Penal Code (RPC) and fined Rs. 1 lakh. If Sheikh fails to pay the fine, he will face additional hard labor until the fine is fully paid. The fine, once collected, will be given to the victim’s family.
The Court, citing Section 374 of Chapter XXVII of the Code of Criminal Procedure, Svt. 1989, submitted the case record to the Hon’ble High Court of Jammu & Kashmir and Ladakh at Srinagar for sentence confirmation. Pending this confirmation, Sheikh will remain in Central Jail Srinagar.