ET Report
Jammu, Sept 27: Principal Sessions Judge Rajouri has awarded eight years imprisonment and fine of Rs 10000 each to three accused namely Vinod Kumar, Vikash Sharma and Bal Krishan Bali in a murder case. According to police the accused alleged to have inflicted hockey, base ball-bat and a stick blow on Rajesh Kumar Sethi and Rakesh Kumar Sethi. According to Investigating Officer, Rajesh Kumar was referred to GMC for head injury and consequently referred to some Ludhiana Hospital where he died after six days but no record was made available of any Ludhiana Hospital. Likewise one injury on the face of Rakesh was given by Vikas Sethi and some simple Lathi blows by Bal Krishal Bali on 23.9.2008 in a sudden quarrel over trifle. After completion of investigation challan was presented in the Court. The Court after hearing both the sides observed that the facts of this case are more synonyms with the above case in as much as the injured and deceased were going home, a quarrel took place between them and accused Vinod inflicted a hockey blow on the head of Rajesh Kumar and his counterpart Vikas hit on the mouth of Rakesh Kumar with a baseball bat, which is grievous injury. "Bal Krishan Bali also gave one Lathi blow, which is simple in nature. There is no cruelty in the action of accused, nor any lethal weapons are used is missing. Although the entire prosecution evidence has element of falsehood in it and various important links are missing like death of Rajesh Kumar is still shrouded in suspicion. There is no evidence how did his end came and where did he meet with his end, there is suppression of Ludhiana hospital factor," the court observed. "The accused are convicted for the commission of offence u/sections 304-II /34 read with section 325/ 34 RPC, as the accused persons can be said to have shared common intention in causing above said injuries on the persons of Rajesh Kumar and Rakesh Kumar. They are, however, acquitted of the charges under sections 307,147,148, 149, 341, 109 RPC. All of them are, however, sentenced to undergo simple imprisonment u/section 304-II/34 RPC, for five years and pay a fine of Rs 10000 each. In default of payment of fine they shall further undergo simple imprisonment for one month each.
They are also sentenced u/section 325/34 RPC to simple imprisonment for three years. Both the sentences shall run concurrently," the judge ordered. (JNF) |
