4 months ago
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ARTICLE AD BOX
SRINAGAR: The J&K precocious tribunal acceptable speech Wednesday the condemnation of an aged pistillate successful a 1979 execution lawsuit from Uri adjacent the LoC successful Baramulla territory of northbound Kashmir, citing 46 years of prolonged proceedings and her age-related infirmities.A single-judge seat of Justice Sanjay Parihar ruled that the condemnation of Shameema Begam should beryllium treated arsenic already undergone, saying nary utile intent would beryllium served by maintaining a substantive jailhouse word aft decades of litigation. The tribunal ordered closure of the case, portion saying that “the offence was committed successful a vigor of passionateness without premeditation.”The sidesplitting dates backmost to July 10, 1979, erstwhile Begam of Bijhama colony struck her mother-in-law with an axe during a home quarrel.
The older pistillate had intervened successful an statement erstwhile Begam was repeatedly asked to irrigate maize fields and aboriginal died of caput wounds 4 days later.Begam was arrested connected July 21, 1979, and released connected bail connected Oct 25 that year. Police registered an FIR astatine Bijhama constabulary presumption nether sections 326 and 324 of Ranbir Penal Code, the transgression instrumentality past successful unit successful J&K nether Dogra-era statutes. After the unfortunate died, the complaint was converted to execution nether conception 302 RPC.
The proceedings dragged connected for 3 decades. On July 16, 2009, a proceedings tribunal convicted Begam nether conception 304 RPC, holding that the enactment was culpable homicide not amounting to murder, and sentenced her to 5 years of rigorous imprisonment with a good of Rs 2,000. She was arrested aft condemnation but released connected bail wrong days — connected July 28, 2009.Begam appealed the verdict. The entreaty remained pending for much than 16 years earlier coming up for last hearing.
Her lawyer Nida Nazir said bonzer hold successful some proceedings and entreaty violated Begam’s close to a speedy proceedings and warranted a sympathetic approach.HC called the lawsuit “a grounds to the systemic hold successful the disposal of transgression cases”. While hold cannot ordinarily payment a convict, the tribunal said, it cannot disregard the world of accused radical remaining trapped successful the transgression justness strategy for decades. “The entreaty is accordingly disposed of,” the tribunal said, bringing an extremity to 1 of Kashmir’s longest-running transgression cases.
