Kashmir Court Hands Life Imprisonment to Two in 1996 Pulwama Double Murder

SRINAGAR: Nearly three decades after two brothers were brutally gunned down inside their home in Chandgam, Pulwama, a Srinagar court has sentenced two men to life imprisonment while rejecting the prosecution’s demand for capital punishment.

Delivering the verdict, 3rd Additional Sessions Judge Dinesh Gupta ruled that “the awarding of life sentence is a rule and death is an exception,” observing that the case did not fall in the category of the “rarest of the rare.”

The crime dates back to the night of January 11–12, 1996, when gunmen stormed the home of complainant Ghulam Mohammad. According to the prosecution, the intruders herded the family into the kitchen before opening indiscriminate fire. Ghulam Mohammad’s brothers, Ghulam Nabi Sheikh and Dr Abdul Rashid Sheikh, were killed on the spot, while his niece Benazir was injured.

The killings sparked anger across the local community and set off a prolonged legal battle. Initially, Ghulam Nabi Rattanpuri was named as the mastermind, but Mushtaq Ahmad Ganaie’s name did not figure in the FIR. Over the years, the case dragged through the courts, with Ganaie spending time in custody between 1996 and 2015, and his co-accused, Bashir Ahmad Bhat, since 2007.

During sentencing, the prosecution pressed for the death penalty, arguing that the convicts “deserve no leniency and may be awarded the capital punishment.”

The defence, however, stressed that neither man had prior or subsequent criminal records, and both had exhibited “peace-loving” behaviour during their incarceration. They urged the court to consider the minimum sentence permissible.

Judge Gupta, while weighing the punishment, cited the Supreme Court’s 2013 ruling in Gopal Singh vs State of Uttarakhand, which held that “a punishment should not be disproportionately excessive” and must align with the concept of “just punishment.”

“This case does not fall in the category of ‘rarest of the rare’,” the court concluded.

Both convicts were sentenced to rigorous life imprisonment under Section 302 of the Ranbir Penal Code (RPC) and fined Rs 50,000 each, to be paid to the widows of the deceased. They also received seven years under Section 452 RPC and 10 years with an additional fine of Rs 25,000 each under Section 307 RPC. The sentences will run concurrently, with fines to be recovered from their assets.

The court also informed the convicts of their right to appeal before the High Court of Jammu and Kashmir and Ladakh within 90 days.

“The purpose of just punishment in heinous offences is designed so that it serves as a deterrence,” Judge Gupta said, adding that life imprisonment, not death, was the appropriate sentence in this case