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| HC upholds death penalty for murdering 3 children | | | ET Report
Jammu, Mar 6 : Division Bench of J&K High Court Comprising Justice Virender Singh and Justice Janak Raj Kotwal today upheld the death penalty to Vijay Kumar Prithi Ram r/o Doyan Akhnoor who committed murder of three innocent children of his brother and also seriously injured his brother and his wife and 3-year-old child. According to the prosecution case on September 20, 2000 at about 2:15 hours Kaka Ram along with one Suraj Parkash lodged a verbal report with P/s Akhnoor that on about 1:15 AM during the night he suddenly heard the cries of one Kamlesh Kumari saying that save-save, killed-killed where upon complainant ran towards the house of Kamlesh Kumari and saw that accused Vijay Kumar escaping from the house by riding on his mare. The complainant went on scene of occurrence and saw that some people had already assembled, where Kamlesh Kumari saying that her brother-in-law accused Vijay Kumar armed with Parthi had committed murderous assault on her husband and minor children and accused after murdering her family escaped from the scene of occurrence. Complainant saw three children namely Arjun age 6/7 years, Parkash age 4 years and Santosh Kumari age about 8 years lying in the pool of blood on their beds, Jia Lal Kamlesh Kumari and one minor child Ghulshan age three years were also lying in the pool of blood in seriously injured condition on their beds. The further story of prosecution that accuse Vijay Kumar younger brother-in-law of Kamlesh Kumari who had arranged marriage of accused with her sister Sudesh Kumari but the accused used to beat his wife oftenly and she used to go to the house of her parents, upon which several times Kamlesh Kumari and her husband Jia Lal had managed to bring Sudesh Kumari wife of accused back to the house of the accused, but before occurrence the parents of Sudesh Kumari refuse to send back their daughter, upon which Kamlesh Kumari and her husband Jia Lal told the accused that he should himself bring his wife back to his home, which created motive in the mind of accused to finish the whole family of Kamlesh Kumari. A case u/s 302/307/448 RPC was registered against the accused and investigation started and during the investigation the Investigating Officer visited the scene of occurrence and took dead bodies of three deceased children for post-mortem and send the seriously injured Jia Lal minor child Ghulshan and Kamlesh Kumari for medical treatment to Khod Hospital and later on three seriously injured were referred to GMC Jammu for treatment. After completion of the investigation challan was presented in the Court of law u/s 302/307/325/323/324/326/448 RPC. On November 16, 2009 then 2nd Additional Sessions Judge Jammu VC Koul awarded death sentence to the accused, against that order accused filed present appeal.This landmark judgment written by Justice Virender Singh for the Division Bench after hearing Sr. Adv Surinder Kour with Adv Rajiv Gorka for the accused, observed that that the present case falls within the category of 'rarest of rare cases' and the brutal act of the accused warrants nothing short of death sentence and uphold the 'death sentence' as already awarded by the Trial Court. Before parting with the judgment, Division Bench took serious note and place it on record that it is really a sad state of affairs that in a case of death reference, no assistance has been rendered to the Court from State's side. JNF |
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