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| Court awards 5 year term, fine for homicide | | | Et Report Jammu, Sept 11 : Principal Sessions Judge Jammu Kartar Singh awarded five years imprisonment and fine Rs 10,000 u/s 304-II (culpable homicide not amounting to murder) to Ram Singh S/o Kali Singh, R/o Village Kothru Tehsil & District Reasi. According to the police case on December 14, 2008, telephonic information was received in the police station Reasi that there was a feast in the house of Krishnu at Kothru tehsil Reasi where a goat was to be sacrificed. The accused with criminal intention in order to commit murder of the deceased on the basis of the previous enmity came there and Soba Ram asked him to take meal but the accused refused. Soba Ram informed him that they had not slaughtered a bull and on this Ram Singh got infuriated and inflicted injuries on the abdomen of Soba Ram with a knife, as a result of which he died on the spot. After investigation, the final report was submitted in the court of CJM Reasi, who committed the case to the court of Sessions Judge, Reasi for trial of the accused from where it was transferred to this court by the order of High Court dated May 22, 2013.The court after hearing both the sides and gone through case, observed that the principle laid down by the Apex Court is squarely applicable to the facts of the instant case. Therefore, there is no hesitation to hold that the accused is liable to be convicted only under Section 304 (II) RPC. The court further observed that it appears that the statement of the accused was recorded under the provisions of section 342 Cr.P.C on 2.3.2012 and at that time he has shown his age as 23 years. He committed the offence in the month of December, 2008 and at that time; he might be of the age of 18 years. The said offence was committed in a heat of passions and was not intentional or pre-meditated. The accused is only a first offender and has a clean record. There is no history of previous crime to his credit. Taking into consideration all these extenuating circumstances, sentence the accused Ram Singh S/o Kali Singh, R/o Village Kothru Tehsil & District, Reasi under section 304 part-II RPC to undergo rigorous imprisonment for the period of five years and pay a fine of rupees ten thousands. In default of payment of fine, the accused shall further undergo rigorous imprisonment for four months. JNF |
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