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2 get 7-Year RI in Kathua labourer death case

Early Times Report

Jammu, Aug 17: A Kathua court on Monday sentenced Matlu Bind and Raj Kumar alias Gopal to seven years’ rigorous imprisonment each for culpable homicide not amounting to murder in the 2019 killing of labourer Ashok Kumar Rishi during a quarrel that erupted after the victim and another labourer went to collect their wages and blankets.
Additional Sessions Judge, Kathua, Pravin Pandoh also imposed a fine of Rs 5,000 each upon the two convicts under Section 304-II IPC and sentenced them to six months’ simple imprisonment each under Section 323 IPC. Both sentences will run concurrently, while the period already undergone in custody will be set off against the sentence.
The case arose from FIR No. 345/2019 of Police Station Kathua. The UT of J&K was represented by APP Gurpreet Kour, while Advocate B.B. Bhagotra appeared for the accused. Both Matlu Bind and Raj Kumar are residents of Nalanda, Bihar, and were working as labourers in Kathua at the relevant time.
According to the prosecution, on November 8, 2019, Ashok Kumar Rishi and Sanjeet Rishi had been engaged for cleaning a rice mill and briquette factory at Chamba Da Bagh, Kathua, for Rs 200 each and one blanket each.
Later that night, Ashok and Sanjeet returned to the Sheller to collect their dues. The owner was not present and the accused allegedly asked them to return the following morning. An exchange of words followed, during which the accused picked up wooden planks lying there and struck both men on their heads. Ashok died, while Sanjeet sustained injuries.
The prosecution had originally charged both accused under Sections 302, 307, 323 and 34 IPC, alleging murder, attempt to murder and hurt.
However, after analysing the evidence, the court held that although the prosecution successfully proved that the accused struck both victims on their heads with wooden planks with the knowledge that death was likely to result, it failed to prove an intention to kill.
The court found that the quarrel erupted suddenly after the victims approached the factory for their wages. It observed that there was neither pleading nor proof that the assault had been premeditated.
Rather, the evidence showed that the quarrel took place suddenly and in the heat of passion, and the accused had neither taken undue advantage nor acted in a cruel or unusual manner. The court consequently held that the case fell squarely within Exception 4 to Section 300 IPC, making the offence culpable homicide not amounting to murder rather than murder.
The court further observed that there was nothing on record to establish that the accused intended to kill Ashok or intended to cause an injury likely to cause death. It nevertheless found that hitting the victims on the head — a vital part of the body — demonstrated knowledge that death could result.
Accordingly, the court held that the offence fell under Section 304 Part-II IPC, while the injuries caused to Sanjeet constituted an offence under Section 323 IPC. It held that the ingredients of Section 307 IPC were not made out because the prosecution failed to establish the requisite intention for attempt to murder.
The court, therefore, acquitted Matlu Bind and Raj Kumar of the charges under Sections 302 and 307 IPC, but convicted both under Sections 304-II and 323 IPC.
In reaching the finding of guilt, the court placed considerable reliance on injured eyewitness Sanjeet Rishi, describing him as the star witness of the case.
Sanjeet testified that Matlu Bind first picked up a wooden plank and struck Ashok on the head. Raj Kumar then allegedly picked up another wooden plank and attacked him. When Sanjeet attempted to intervene, the accused also hit him on the head before throwing away the planks and fleeing.
The court noted that eyewitnesses Suraj Kumar Rishi and Lal Chand supported Sanjeet's version. It held that their testimony remained firm during cross-examination and described the evidence of the eyewitnesses as being of “sterling quality” and carrying a “ring of truth”. Their account was also corroborated by medical evidence showing head injuries to the deceased as well as the injured.
The medical evidence established that Ashok's death was homicidal and had resulted from a head injury. The deceased had suffered a lacerated wound measuring approximately 10-12 cm over the occipital region, and the medical expert opined that death could have resulted from injury to the vital organ — the brain.
While awarding sentence, the prosecution sought maximum punishment and argued that a strong message should go to society that anyone taking the law into their own hands would be dealt with firmly.
The defence sought leniency, arguing that the convicts were young, had remained behind bars since 2019, had no previous criminal record and that the incident occurred in the heat of passion.
The court noted as aggravating factors that the convicts had struck the vital parts of both victims despite having knowledge that their acts were likely to cause death or such bodily injury as could result in death.
At the same time, it considered as mitigating circumstances their poor socio-economic background as labourers, young age, prolonged trial since 2019 and absence of an intention to kill.
Balancing these circumstances, the court sentenced both Matlu Bind and Raj Kumar alias Gopal to seven years’ rigorous imprisonment and Rs 5,000 fine each under Section 304-II IPC, besides six months’ simple imprisonment each under Section 323 IPC. In default of payment of fine, each will undergo an additional three months’ imprisonment. (JNF)