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| DB upholds life-imprisonment in 'fratricide case' | | | Jammu, Mar26 (JNF): Division Bench of State High Court comprising Justice Hasnain Massodi and Justice Bansi Lal Bhat upheld the life-imprisonment of Joginder Pal an accused of fratricide who murdered of his brother over property dispute.
Division Bench observed that the conclusions deducible from the circumstances proved at the trial are compatible only with the guilt of accused, the evidence brought on record unerringly pointing out that it is the accused and accused alone, who is the author of crime.
In our considered opinion, the conclusions drawn on appreciation of evidence by Sessions Judge are perfectly justified and agree with his finding that the chain of events proved by the circumstances emanating from prosecution evidence is compatible only with the guilt of accused and incompatible with his innocence. "We find no legal infirmity or factual fraility in the finding of guilt recorded by the learned Sessions Judge, court observed and accordingly uphold the judgment of conviction of accused for commission of offence under Section 302 RPC and the life sentence together with fine of Rs.5,000/- imposed on him.
DB also held that there being no merit in the instant criminal appeal, the same is dismissed and confirmation reference is accordingly accepted.
The result of this appeal/confirmation proceeding be certified to the Trial Court in terms of provisions of Section 425 CrPC for taking appropriate steps for execution of sentence awarded.
According to the case on 15/04/2008, at around 8.15 AM, one Lok Nath made a telephone call to Police Station Sunderbani laying information that one Bishamber Nath S/o Mohan Lal R/o Kalideh had committed suicide by hanging however during investigation it was revealed that the deceased had two brothers including the accused and after passing away of the second brother his share was grabbed by accused.
Since the deceased was demanding a share out of excess land held by the accused, the dispute was referred to Panchayat which advised the accused to surrender excess land in favour of deceased.
On this police registered a case and after completion of investigation challan was presented and the then Sessions Judge Rajouri has awarded life-imprisonment to the accused.
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