|Early Times Report|
Jammu, Apr 20:Ist additional sessions judge, Jammu, Mohammad Akram Chowdhary today awarded rigorous life impriosnment to two brothers who were involved in a murder case over a land dispute.
Tirath Ram and his brother Bali Ram were on October 4, 1996 at about 9 am were raising construction of a house which they had done forcibly on a disputed piece of land measuring five marlas at Gangoo Chak near here, claimed to have been purchased by obe Bua Ditta from one Chuni Lal, brother of accused Des Raj, vide a sale deed.
Accused, however, were alleged to have forcibly occupied the land and the complainant filed a civil suit against them which was subjudice in the court of sub-judge, Jammu. The complainant, his son Shiv Kumar and daughter Shakti Devi went to the spot and objected to the ongoing construction work. Tirath Ram with his service pistol and Des Raj (now dead) and Bali Ram, holding ' kehies' in their hands.
According to the prosecution story, Des Raj and Bali Ram attacked the complainant with ' kehies', while Tirath Ram, a cop, fired at them with his official pistol, causing multiple grievous injuries to Bua Ditta, his son and daughter. Shiv later succumbed to his injuries in GMCH here on the same day. A case was then registered at Police Station, Kahna Chak, against the accused for the commission of offences punishable under sections 302, 307 and 34 of RPC and 4/25 of Arms Act. As Des Raj died during the trial, prosecution against him was abated. Tirath Ram and Bali Ram were convicted by the court under sections 302, 307 and 34 RPC and section 30 of Arms Act.
The judge, after hearing the APP, said Tirath and Bali were sentenced to rigorous life imprisonment and fined Rs 10,000 for the commission of offence under section 302 of RPC and to rigorous imprisonment of 10 years and fined Rs 10,000 for the commission of offence punishable under section 307 of RPC. Tirath was also sentenced to undergo a simple imprisonment of six months for the commission of offence punishable under section 30 of Arms Act. All the substantive sentences of the imprisonment shall run concurrently, the court ordered.
The period of detention undergone, if any, by the convicts during investigation or as undertrials shall be set off under rules. In default of payment of fine, the defaulting convict shall undergo further simple imprisonment for a period of one year. If realized, 50 of fine shall be paid to Bua Ditta and Shakti Devi in equal shares as compensation in terms of section 545 of CrPC and rest shall be remitted to government exchequer. It is also recommended to the District Legal Services Authority, Jammu, to pay compensation as admissible under the Victims Compensation Scheme framed in terms of Section 545-A of CrPC, for the death of Shiv Kumar to his next kiths and kins.