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HC upholds murder sentence Friday, September 28, 2001
Courtsey : Times News Network
AHMEDABAD: Gujarat High Court has upheld the sentence given to a murder accused by a trial court, following the testimony of a 12-year-old girl.
A division bench comprising Justice JM Panchal and Justice AH Mehta upheld the decision of the trial court judge AA Qureshi in Rajkot. Life imprisonment was awarded to Mohammed alias Batuk Karim for murder of Bhikhu Naran.
According to details of the case 35-year-old Nirmala of village Shapar near Rajkot had left her husband Dhiru Rajgor's house and was living with her daughter Sangita.
On October 29, 1991, at 11 p.m. she had physical relations with her lover Bhikhu Naran. On finding this another lover Batuk Karim murdered Bhikhu.
The incident occurred in the open ground of Lalpari lake in Rajkot before dawn. It was charged that Batuk rushed to the neighbouring Khodiyar temple and pulled away the pipe on which a trishul was fixed and attacked Bhikhu.
Nirmala was also accused of helping Batuk in the murder, but was the charge was dropped and she was released.
Mohammed challenged the decision of the trial court.
Appearing on behalf of the state, additional public prosecutor Digant Joshi submitted that Nirmala's daughter Sangita was the only witness of the incident.
It was also submitted that at such a tender age, if she gave a testimony that could go against her mother's character then what she was saying should be taken as a natural testimony and should be held in the interest of justice.
The girl said it was about morning. She was sleeping on a cloth mat beside her mother. She woke up due to some noise and found Mohammed beating up Bhikhu with a pipe.
She identified the pipe as the one in the Khodiyar temple. She also identified the cloth mat which carried the victim's blood spot.
Considering her testimony as a corroborating evidence the court accepted the same and upheld the sentence.
News Source : The Times of India [India's best Newspaper]