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| Woman, 2 ors get life imprisonment for murder | | | EARLY TIMES REPORT
Jammu, Oct 14 : Principal Sessions Judge Bhaderwah MK Sharma today awarded life-imprisonment to three accused including the wife of the deceased. Those are awarded life-imprisonment are Davinder Singh s/o Krishan LalLohar R/O Gosawon Tehsil Gandoh, Khadim Hussain s/o Mohd Ismail GujjarR/O Kandolu, Tehsil Gandoh and Mst. Sumitra Devi widow of Puran Singh R/O Village Kandolu, Tehsil Gandoh.
According to the police case that during the proceedings under section 174 Cr.P.C, The statements of witnesses under section 175 Cr.P.C were recorded. On 13.11.2002 the complainant Sunny Kumar made a written report in Police Station, Gandoh alleging therein that he had gone to Jammu and on returning home on 30.10.2002 he came to know that dead body of his father was found on 29.10.2002 at Bhagri Nallah. It has also been alleged that his mother accused no.3 Sumitra Devi was having illicit relations with accused no.1 Devinder Singh. It is further alleged that his sister Rano Devi told him that on 27.10.2002 at night when his father Pawan Singh came home from the house of his sister Nisha Devi and asked for meal, the accused Sumitra Devi took the deceased Pawan Singh in kitchen where other accused were also present. The accused Khadim Hussain held the deceased from legs and accused Sumitra Devi caught the arms of the deceased and the accused Devinder Singh broke the neck of the deceased, who died on spot. Rano Devi allegedly witnesses the occurrence. On the strength of this report crime no. 102/2002 for the commission of offences under section 302/34 RPC was registered in PS Gandoh and the investigation was conducted by Inspector Kuldeep Raj Sharma, the then SHO PS Gandoh. It was not a case of death by poison as reported by FSL.. On 27.10.2002 in the morning the deceased went to the house of his sister Nisha Devi for harvesting of maize crop and returned home at 9.00 pm and asked for food. Accused Sumitra Devi took the deceased to the lawn of the house where the other accused persons were already present as per plan.
As the deceased alongwith his wife, accused Sumitra Devi entered the lawn, the accused Devinder Singh caught the deceased from the neck and broke it whereas accused Khadim Hussain held the deceased from legs and murdered the deceased. Thereafter the accused persons hide the dead body in a room. Next day the accused Sumitra Devi called accused Khadim Hussain and gave him money to buy a bottle of liquor and told him to throw the dead body and keep the bottle near the dead body to show that the deceased has died because of intoxication. In the intervening night of 28th/29th October 2002 the accused threw the dead body in Bhagari nallah and kept the bottle of liquor near the dead body which was recovered on 29.10.2002. Rano Devi who witnessed the occurrence was threatened by the accused that in case she narrated the incident to any one she too would face the same tune who remained mum for some days but thereafter told about the occurrence to her brother and others. On completion of this investigation the police laid this charge sheet against the accused.
Principal Sessions Judge Bhaderwah Mr. MK Sharma after hearing Farid Hussain Beigh, PP for the State whereas Adv N K. Gupta for the accused observed that The convicts have been convicted for the commission of offence u/s 302/34 RPC. The offence u/s 302 RPC is punishable with death or imprisonment for life and with fine. This is a case of murder of a husband by his own wife with the assistance of co-convicts. There is nothing so uncommon about this crime to deem it as exceptional case in which instead of life imprisonment, death sentence could be awarded. Though a young person has lost life in the instant case by his own wife and paramour but it does not fall in the category of rarest of rear cases where the death sentence is warranted. The convicts are therefore sentenced to imprisonment for life and fine of Rs. 5,000/- for the commission of offence u/s 302/34 RPC. JNF |
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