2018 Murder Over ₹80K Loan: Man Convicted
The Court of Additional Sessions Judge, Fozia Paul, convicted Mohammad Shafi Magray of Chundina, Ganderbal, for murdering Mohammad Yousuf Khanday of Shallabugh, from whom he had taken a loan of Rs 80,000. Magray also robbed the 43-year-old of cash, his ATM card and attempted to destroy evidence after committing the crime.
The court convicted Magray under Sections 302, 379 and 201 of the erstwhile Ranbir Penal Code (RPC), while acquitting him of the charge under Section 364 RPC (kidnapping) for want of sufficient proof of abduction by force or deceitful inducement.
According to the prosecution case, Khanday went missing on May 31, 2018, after leaving his home for the J&K Bank branch at Chundina to withdraw cash. His father lodged a missing report the following day. On June 2, 2018, his body was recovered from an open marshy nursery field at Batagund, Shallabugh, bearing severe blunt-force injuries to the head.
The post-mortem examination attributed the death to cardiopulmonary arrest resulting from massive blunt-force head trauma. During investigation, the prosecution said, call detail records showed that the last call involving the deceased's phone was with Magray, while tower data placed both men in the same coverage sector around the relevant time.
The prosecution said that Magray owed Khanday Rs 80,000 and had faced repeated demands for repayment. According to the disclosure statement, Magray lured Khanday to an isolated field on the pretext of handing over a cheque and attacked him with a river boulder. He also took Rs 11,700 in cash, an ATM card, identity documents, loan affidavits and the deceased's mobile phone before attempting to destroy or conceal the evidence, the prosecution said.
ADVERTISEMENTInvestigators subsequently recovered the boulder, pieces of the loan affidavits, the deceased's skull cap and slippers, Rs 11,700 in cash and his ATM card from locations connected with the accused.
Read Also Homebuyers Can Claim Interest Despite Delayed Possession: HC 2022 Jammu Terror Attack: NIA Court Rejects Bail Plea of 3 AccusedAssessing the evidence as a whole, the court held that the circumstances, including the alleged motive, scientific evidence, recoveries and post-crime conduct, formed a complete chain pointing to Magray's guilt. The court further held that the prosecution had proved beyond reasonable doubt that Magrey intentionally caused Khanday's death, dishonestly removed his cash and ATM card and subsequently concealed or destroyed material evidence.
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