North Kashmir court awards 18 months jail to seven for obstructing public pathway

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A local court in north Kashmir’s Kupwara district Saturday awarded 18 months imprisonment to seven persons including six members of a family for obstructing a public pathway and voluntarily causing hurt to the complainant.

According to news agency—Kashmir News Observer (KNO), the accused were convicted by the court of Judicial Magistrate Kupwara and a fine of Rs 1000 each was also imposed on them.

The court stated that the evidence on record lead by the prosecution has proved the offence charged against the accused beyond any reasonable shadow of doubt.

Notably, an FIR number 55/2011 was registered at police station Kupwara under section 148 and 323 RPC and the investigation was handed over to the prosecution officer.

The court stated that it was proved that on 20.03.11 at about 10.00 am accused persons had voluntarily obstructed public pathway by digging and thereby prevented the complainant and his sons from passing through such pathways.

The court said that it has been proved that the accused persons being 7 in number were members of the unlawful assembly and their common object was to obstruct the public pathway by digging a drain and depriving the complainant party from the enjoyment of the right of the pathway and they had used force against the complainant party through deadly weapons such as pickaxe, lathis, etc.

“The evidences have proved that the accused had caused voluntarily hurt to Javed Ahmad Pir, Gh Rasool Pir and Gowhar Ahmad Pir. Also evidence and circumstances in which offence was committed by the accused,” the court stated.

It also stated that that the accused knows that offence has been committed by them and to screen themselves from legal punishment they had caused disappearance of lathis and pickaxe, which were used by them in the commission of offence.

“I find the prosecution has been able to provide beyond all reasonable doubt that the accused had committed the offence in question. Accordingly, they are convicted U/S 341, 148, 324, 201 RPC. I have considered the provision of section 562 Cr.pc. considering the criminal antecedents of the accused persons and the nature of offence, I do not find any ground to extend the provision of this beneficial legislation to the accused persons,” the court maintained.

The convicted persons include Sanuallah Magray son of Hayat Magray and his 5 sons including Altaf Ahmad Magray, Fayaz Ahmad Magray, Rayaz Ahamd Magray, Waseem Ahmad Magray and Aijaz Ahmad Magray and Ashfaq Magray alias Jaan son of Wali Magray—all the residents of Drugmulla village of Kupwara—(KNO)

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