Jammu, July 18 : Principal Sessions Judge Poonch Jaffer Hussain Beigh today awarded five years rigorous imprisonment and fine Rs 2,000 to four real brothers namely Qamer Din, Qadeer Hussain, Mohd Latief and Mohd Sadiq sons of Sahib Din and residents of Village Chandak Tehsil Haveli District Poonch who were facing trial in attempt to murder case for the last 10 years. According to the police case that about 8.20 hours on 6.4.2004 the complainant Mohd Younis accompanied by injured Abdul Kariem, Abdul Ghani and Kaneeza Bi, filed an application before Police Station Poonch against Qamer Din, Mohd Raqfiq, Mohd Latief, Mohd Sadiq, Qadeer Hussain, Kabir Hussain, Mohd Shabir, Munir Hussain, Hasham Bi, Hashia Bi, Mansha Bi and Mst.Channa Bi with contention therein that the accused bent upon to grab the land of Abdul Ghani and Abdul Kariem led strain relation between them as a result of which they said accused persons, at about 7 am on that day, after forming unlawful assembly, armed with axes, lathies and Rambies, with intention to commit murder, trespassed into the said land. On objection, all these accused persons then trespassed into the house of Abdul Kariem, the accused Qadeer Hussain and Qamer Din inflicted axe injuries upon the mouth of Abdul Kariem and on the head of Abdul Ghani respectively as a result of which two teeth of Abdul Kariem were broken and grevious injuries were caused on the head of Abdul Ghani whereafter the other accused also started beating Abdul Ghani, Abdul Kariem, Kaneeza Bi, Mohd Hanief, Manzoor Hussain, Sharifa Bi due to which injuries were caused to them. On receiving this complaint FIR No.32/2004 for commission of offences u/Ss 452, 323, 147, 447,RPC stood registered in Police Station Poonch with which police started investigation.
On completion of the investigation offences under sections 452, 447, 147 RPC were not established but offences u/Ss 307, 326,323,451 RPC were established against the accused Qamer Din and Qadeer Hussain and offences u/Ss 451,323 RPC were established only against the accused Mohd Latief and Mohd Sadiq. Principal Sessions Judge Poonch Jaffer Hussain Beigh observed that the court has to keep the object of punishment and the nature of the crime committed by the accused into consideration.
The object of punishment is reformatory. Too lenient as well as too harsh to sentence both lose their efficaciousness. One does not deter and the other may frustrate thereby making the offender a hardened criminal.
But the offence committed by the accused persons is punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, and, if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment and sentence each of the accused persons, namely, Qamer Din, Qadeer Hussain, Mohd Latief and Mohd Sadiq to undergo rigorous imprisonment for five years and to pay a fine of Rs.2000/-. JNF |
