Brother acquitted as court finds no evidence of conspiracy
JAMMU, Jul 14: A Srinagar court has sentenced Altaf Ahmad Rather to imprisonment for life for deliberately mowing down his cousin Mehraj-ud-Din Mir with a speeding Thar vehicle following a prolonged financial and property dispute.
Principal District and Sessions Judge Srinagar Haq Nawaz Zargar also imposed a fine of ₹50,000 on the convict under Section 302 of the Ranbir Penal Code. The fine, upon recovery, is to be paid as compensation to the deceased’s family.
In case of failure to pay the amount, the convict will undergo an additional six months of rigorous imprisonment.
The court, however, acquitted Altaf’s brother Ishfaq Ahmad Rather after holding that the prosecution had failed to establish the alleged criminal conspiracy. Their father, Ghulam Rasool Rather, who was also facing trial, died during the proceedings in January 2023, leading to the abatement of the case against him.
The case arose from FIR No. 22/2017 registered at Police Station Soura following the killing of Mehraj-ud-Din Mir on May 7, 2017, at Ali Jan Road in Srinagar.
According to the prosecution, the deceased and the convict were first cousins, neighbours and former business associates. A dispute had developed between them over financial liabilities and construction raised on jointly held land in Ganderbal.
The prosecution alleged that a structure raised by the convict’s family on the undivided land was demolished by government officials on the deceased’s application just a day before the killing, aggravating the already strained relations.
On the morning of the occurrence, the deceased left his residence on foot. The court found that Altaf followed him, returned to his house, took out the black Thar bearing registration No. JK01W-6789 and drove towards Ali Jan Road.
The evidence indicated that the vehicle’s rear registration plate had been covered with a cloth to conceal its identity. Altaf then struck the unarmed deceased at high speed, causing severe head injuries.
Mehraj-ud-Din was shifted to SKIMS Soura, where he succumbed to his injuries later that afternoon.
The court relied upon ocular, electronic, medical, forensic and circumstantial evidence, including CCTV footage showing the movement of Altaf and the Thar vehicle immediately before and after the occurrence.
It held that the prosecution had successfully established every link in the chain of circumstances and proved beyond reasonable doubt that Altaf, and no one else, had committed the murder.
The court said the deceased was a “hapless and helpless” person who was unarmed and had offered neither resistance nor provocation when the vehicle was driven into him.
Special Public Prosecutor Mohammad Saleem, appearing for the UT administration, sought the death penalty, arguing that the murder was barbaric, premeditated and fell within the “rarest of rare” category.
He submitted that the convict had followed the deceased, concealed the number plate and used the heavy vehicle as a weapon to kill a person who was demanding the settlement of financial liabilities.
Advocate Mushtaq Ahmad Dar, appearing for the convict, pleaded for a lesser sentence, submitting that life imprisonment is the rule and the death penalty an exception. He also drew the court’s attention to the convict’s wife and two minor daughters.
The court described the killing as brutal, pre-planned and socially abhorrent, observing that it had caused immense physical and emotional suffering to the deceased’s wife and children.
It further observed that the manner of the murder had shocked society’s conscience and that hardly any mitigating circumstance existed in favour of the convict.
However, after balancing the aggravating and mitigating factors, the court concluded that the case did not meet the exceptionally high threshold required for capital punishment.
Holding that life imprisonment would be the most appropriate sentence, the court rejected the prosecution’s demand for the death penalty and sentenced Altaf to imprisonment for life.
The court directed that the case record be forwarded to the Jammu and Kashmir and Ladakh High Court for appropriate orders under the applicable provisions of the erstwhile State Code of Criminal Procedure.
Until further orders, the convict will remain lodged in Central Jail Srinagar. He was also informed of his right to challenge the conviction and sentence before the High Court.