Early Times Report
Jammu, Jan 27 (JNF): A Division Bench of State High Court comprising Justice Hasnain Massodi and Justice Bansi Lal Bhat today upheld the life-imprisonment awarded by the former Principal Sessions Judge Jammu on January 31, 2012 to Simon alias Sonu S/o Yunus Masshi,R/o Christian Colony, Jammu, Darshan Gill S/o Allaha R/o Christian Colony, Jammu & Suram Chand alias Surma S/o Tunda Ram, R/o Baw-e-wali Gali.
According to the prosecution case on February 4,2002 at 6:45 PM, when deceased Shakti Kumar Gupta was sitting on his grocery shop, one boy Simun alias Sonu accompanied with Darshan Gill and Suram Chand alias Surma came on the shop of the Shakti Kumar and asked for the money forcibly. All the accused dragged him outside and grappled with him and Darshan Gill and Suram Chand caught hold of Shakti Kumar Gupta , Simun alias Sonu with intend to kill Shakti Gupta, brought out the Kirch and inflicted the blows of the kirch one after the other on the belly and the chest , arms of the said Shakti Gupta.
The accused ran away from their leaving Shakti Kumar on pool of blood, who fell down on the ground and succumbed to the injures on spot. Police after completion of the investigation presented the challan under section 302 RPC against the accused.
The court after hearing Adv PN Goja for the appellants whereas Sr. Adv Sunil Sethi with Adv Ravi Dogra for the state observed that "we do not find any merit in the appeal. The trial Court judgment, that is well reasoned reflecting a threadbare discussion of all the aspects of the matter, is upheld and so is conviction of all the appellants for the offences punishable under Section 302 read with 34 Ranbir Penal Code. Since, the trial Court in its wisdom has, for the reasons discussed awarded lesser of the aalternative punishments prescribed under Section 302 Ranbir Penal Code and the punishment awarded is not questioned by the State, the sentence imposed does not warrant any discussion, more so, when it otherwise is just and reasonable. The court held that the appeal is dismissed and the trial Court judgment dated 31.01.2012, convicting the appellants of the offence punishable under Section 302 read with Section 34 Ranbir Penal Code and the trial Court order dated 31.01.2012 sentencing the appellants, are upheld. |
