Two Decades Later, Justice Delivered: Sarpanch’s Killer Sentenced to Life in Bhaderwah

JAMMU, Oct 12: In a landmark verdict that brings closure to a two-decade-old murder case, Principal Sessions Judge Bhaderwah, Balbir L. Jaswal, has sentenced Irfan Ali, son of Shafqat Ali of Kilhotran, Gandoh, to life imprisonment for the brutal killing of village Sarpanch Sher Mohammad Rather. The case, registered under FIR No. 57/2002 at Police Station Gandoh under Sections 302/34 of the Ranbir Penal Code (RPC) and Section 7/27 of the Arms Act, had lingered in the courts for over twenty years before culminating in this conviction.

The court, after extensive deliberation, concluded that the murder was not an act of impulse but a cold-blooded, premeditated crime rooted in political rivalry. Evidence presented during the trial established that on July 4, 2002, the accused, accompanied by a co-conspirator, forcibly entered the victim’s home, dragged him out in front of his family, and shot him dead in public view. The heinous act sent shockwaves through the local community at the time, symbolizing the dangerous intersection of politics and violence in rural governance.

During the final arguments on the quantum of punishment, Public Prosecutor K.K. Bandral pressed for the death penalty, terming the act “gruesome, deliberate, and inhuman.” He argued that the killing of an elected representative in such a barbaric fashion undermined the democratic process and warranted the harshest punishment available under law.

However, Defence Counsel N.K. Gupta pleaded for leniency, asserting that the incident occurred “in a moment of rage” and lacked any sustained motive or element of organized conspiracy. He emphasized that the accused had no prior criminal record and argued that life imprisonment would serve the ends of justice.

In its detailed judgment, the court cited several Supreme Court precedents, observing that life imprisonment is the rule and the death penalty an exception, applicable only in the rarest of rare cases where the convict poses a continuing threat to society. “After drawing a balance sheet of aggravating and mitigating factors, I find hardly any mitigating circumstance in favour of the convict,” Judge Jaswal noted. “The offence committed falls within the category of inhuman and barbaric acts, but does not reach the threshold that would justify the death penalty.”

The judgment highlighted that while political rivalry was the immediate trigger, the degree of brutality and public nature of the act could not be overlooked. “The murder was executed in full public view to send a message of intimidation and dominance,” the court observed, underscoring that such acts of lawlessness and political vendetta strike at the very roots of democracy.

Accordingly, the court sentenced Irfan Ali to life imprisonment for murder under Section 302/34 RPC. He was also held guilty under Section 7/27 of the Arms Act for the unlawful use of weapons. The sentence, however, is subject to confirmation by the High Court of Jammu and Kashmir and Ladakh, as mandated under Section 374 of the Criminal Procedure Code. Until then, the convict will remain lodged in District Jail Bhaderwah.

The long-awaited judgment has been welcomed by the family of the deceased and the local community, who had been seeking justice for over two decades. Legal experts noted that the verdict serves as a significant reminder of the slow but steady process of justice, reaffirming the principle that no crime, however old, escapes accountability under the law.