Early Times Report
Jammu, May 30: Deciding a 21 year old assault case of R S Pura, 2nd additional sessions judge, Jammu, M K Sharma today awarded sentence to 14 accused.
The accused included Raghubir Singh, Suresh Kumar, Santokh Singh, Yash Pal, Narinder Singh, Bodh Raj, Darshan Lal, Jagdish Lal, Harbans Lal, Janak Raj, Jagdish Raj, son of Raghubir Singh, Natha Singh, Harbans Lal, son of Devia and Bawa Ram.
The court also awarded a compensation of Rs 3 lakh to the victims. The matter was brought to the notice of R S Pura police station by Ashok Kumar.
According to the police case, while Ashok and his brothers - Gurnam Singh and Balwant Singh - were on their way to R S Pura on a scooter on January 27, 1995 at about 7 am, the accused ambushed them at Bega. While the scooter approached the place of their hiding, they pulled a hard string, which they had laid across the road, as a result of which the driver lost balance and all the three brothers fell down.
Gurnam and Balwant ran for their safety on seeing the accused. In the meanwhile, one of the accused fired a shot which hit Balwant Singh and he fell down. Gurnam entered the house of one Bisharam Singh. The accused, who were armed with lethal weapons, too entered the house and attacked Gurnam, causing him serious injuries. Narinder chopped off his right hand. Thereafter, they went to the place where Balwant had fallen and beat him up, leaving him in a pool of blood. Scooterist Jatinder Kumar, who happened to come there, intervened but he too was beaten by the accused. The accused fled the spot.
Taking a cognizance of Ashok's report, police had registered a case under sections 307, 397, 341, 323, 147, 148 and 149 of RPC and 4/25 of Arms Act against the accused.
The court, after hearing the two sides, observed that the convicts had not misused the concession of bail during the 21 years of protracted trial. "They, otherwise, have not been booked in any other criminal case, which would reflect their antecedents adversely. In the background of the facts and circumstances of the case and the role played by each of the accused, as discussed in the judgment, Raghubir and Narinder, sons of Rohlu Ram, are sentenced to rigorous imprisonment of three years and a fine of Rs 5,000 each under section 326 of RPC, imprisonment of one month each under section 323 of RPC, imprisonment of one month each under section 341 of RPC, imprisonment of one month each under section 147 of RPC and imprisonment of one year and a fine of Rs 1000 each under section 4/25 of Arms Act. Suresh Kumar, Yash Pal, also sons of Rohlu Ram, Santokh, Bodh Raj and Darshan are sentenced to rigorous imprisonment of one year and a fine of Rs 3,000 each under section 326 of RPC, imprisonment of one month each under section 323 of RPC, imprisonment of one month each under section 341 of RPC, imprisonment of one month each under section 147 of RPC and imprisonment of one year and a fine of Rs 1000 each under section 4/25 of Arms Act. Jagdish is sentenced to rigorous imprisonment of one year and fine of Rs 1,000 under section 326 of RPC, imprisonment of one week under section 323 of RPC, imprisonment of 15 days under section 341 of RPC and imprisonment of 15 days under section 147 of RPC. In case of default in payment of fine, the convicts shall undergo further simple imprisonment for one month and seven days respectively on each count. Harbans Lal, son of Daya Ram, Harbans Lal, son of Deviya, Janak Raj, Jagdish Raj, son of Raghubir Singh, Natha Singh and Bawa Ram are sentenced to imprisonment for the period undergone by them in custody and a fine of Rs 1,000 each. In case of default in payment of fine, they shall undergo further simple imprisonment of seven days each. The substantive sentences shall run concurrently. The period of detention undergone shall be set off. Out of the total fine imposed upon the convicts, if deposited, 75 pc shall be given to the injured Gurnam and Balwant in equal proportion as compensation. Over and above, Gurnam is awarded compensation of Rs 50,000 to be paid by each of the convicts -- Raghubir and Narinder, Rs 26,000 each to be paid by the convicts -- Suresh, Santokh, Yash Pal, Bodh Raj and Darshan Lal and Rs 10,000 each to be paid by the remaining convicts (total Rs 3 lakh) within two months from their release after suffering the sentence," the court directed.
The court ordered that this amount would be deposited with Nazir of this court who would issue notice to the injured and disburse the amount under rules. In case of default in payment of compensation awarded above, the amount would be recovered from the convicts as arrears of land revenue, the court said. (JNF) |
