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| Lifer to two for murder | | | early times report
Jammu, Oct 9 (JNF): Principal Sessions Judge Kathua MK Hanjura today awarded life-imprisonment to Naresh Kumar alias Chipu and Shashi Kant alias Gangu who committed the murder of one Ram Krishan s/o Bua Ditta r/o Dhalli Tehsil Hiranagar.
According to the police case that on August 9, 2008, the accused namely Shashi Kani alias Gangu s/o Vijay Kumar r/o Pathwal Tehsil Hiranagar with the intention to kill the accused namely Ram Krishan s/o Bua Ditta r/o Dhalli Tehsil Hiranagar caught hold of him, whereas the other accused namely Naresh Kumar alias Chipu s/o Puran Chand stabbed him with a kirch as a consequence of which he sustained serious injuries and died. This occurrence was reported to the police by Mukesh s/o the deceased, on the basis of this complaint police registered a case u/s 302 RPC & 4/25 Arms Act. After completion of the investigation challan was presented in the competent court.
Principal Sessions Judge Kathua MK Hanjura after hearing Public Prosecutor Ravi Kumar Gupta for the state whereas Advocate A Salathia for the accused observed that a crime u/s 302 RPC attracts the punishment of death or imprisonment for life and fine. The awarding of sentence other than that of death is now the general rule, only 'special reason' in the shape of special facts and circumstances in a given case, warrant the passing of the death sentence. Supreme Court in a case Bachan Singh has laid down the guidelines to apply to the facts of each individual case where the question of imposing of death sentence arises, the extreme penalty of death need not be inflicted except in the rarest of rare case of extreme culpability, before opting for the death penalty, the circumstances of 'offender' also required to be taken into consideration along with the circumstances of crime, life-imprisonment is the rule and death sentence is an exception. With these observations, Court awarded life-imprisonment u/s 302 RPC with section 34 RPC to both the accused. Court further observed that the sentence of life-imprisonment imposed on the accused shall be executed unless confirmed by the High Court. |
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