In a significant ruling highlighting systemic delays, the Jammu & Kashmir High Court has finally closed the chapter on a 46-year-old murder case, setting aside the conviction of an elderly woman from Uri. The court cited the extraordinary prolongation of proceedings and the woman's age-related infirmities as key reasons for its decision.
A Case Born from a Domestic Quarrel in 1979
The tragic incident dates back to July 10, 1979, in Bijhama village near the Line of Control in Baramulla district. During a heated domestic argument, Shameema Begam struck her mother-in-law with an axe. The altercation began when Begam was repeatedly asked to irrigate maize fields. The older woman intervened and later succumbed to her head injuries on July 14, 1979.
Begam was arrested on July 21, 1979, and was granted bail by October 25 of the same year. Initially, police registered an FIR under sections 326 and 324 of the Ranbir Penal Code (RPC), the criminal law in force in J&K at the time. After the victim's death, the charges were upgraded to murder under section 302 RPC.
Decades of Legal Limbo and Conviction
The trial itself became a marathon, dragging on for three decades. It was only on July 16, 2009, that a trial court delivered its verdict. The court convicted Begam not for murder, but under section 304 RPC for "culpable homicide not amounting to murder." She was sentenced to five years of rigorous imprisonment and a fine of Rs 2,000.
Begam was arrested after the conviction but secured bail and was released on July 28, 2009. She then appealed the verdict in the High Court. Astonishingly, her appeal remained pending for over 16 years before it was taken up for a final hearing.
Court's Groundbreaking Ruling on Delay and Justice
A single-judge bench of Justice Sanjay Parihar heard the appeal. The judge noted that the case stood as "a testimony to the systemic delay in the disposal of criminal cases." While acknowledging that delay cannot ordinarily benefit a convict, the court stated it could not ignore the reality of an accused remaining trapped in the system for decades.
Begam's lawyer, Nida Nazir, argued successfully that the extraordinary delay in both the trial and the appeal violated her client's fundamental right to a speedy trial and warranted a sympathetic approach.
The High Court ruled that the offence was "committed in a heat of passion without premeditation." Considering the 46-year timeline and Begam's old age, the court set aside her conviction. It ordered that her sentence be treated as already undergone, stating no useful purpose would be served by maintaining a substantive jail term after such prolonged litigation.
The Final Curtain on a Long Legal Saga
With the pronouncement "The appeal is accordingly disposed of," the Jammu & Kashmir High Court brought a formal end to one of Kashmir's longest-running criminal cases. The ruling underscores the crippling impact of delays within the criminal justice system and sets a precedent for considering the human cost of protracted legal battles, especially for the aged.
