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| Broad day light murder in Court complex, Reasi | | Court awards life imprisonment and fine Rs 50,000 to accused | |
UDHAMPUR, AUGUST-10- In a much publicized broad day light murder of Som Dutt alias Somu in the Court complex Reasi on May 28, 1999, Principal Sessions Judge Udhampur Mr. AK Shan today awarded life imprisonment to accused Balwant Raj for commission of offence u/s 302 and also imposed fine of Rs 50,000 U/S 3/25 Arms Act.
According to the facts of the case that on May 28, 1999 and an information was received in P/S Reasi that deceased Som Dutt who was proceeding to Court complex Reasi to appear in case at 8.30AM when the deceased was just to cross entrance gate of the Court complex an unknown person who was already in the Court complex came close to the deceased and fired a shot with small weapon which hit the chest of the deceased who died on spot. A case under Fir 71/99 u/s 302 RPC r/w sections 3/25 Arms Act came to be registered by the police, investigation was started by SHO himself later on by an order June 12, 1999 investigation was transferred to Crime Branch Jammu who conducted further investigation. After completion of the investigation accused Balwant Raj was arrested outside the office of a travel agency at BC Road Jammu and pistol with four live cartridges were seized and after completion of the investigation, challan was presented in the Court.
Principal Sessions Judge Udhampur, after hearing Adv Rajesh Kumar Kotwal Special PP, Mr. GR Khajuria Public Prosecutor for the state, Adv Sunil Sethi appearing for the accused Balwant Raj and accused Bharat Bhushan alias Papu (declared absconding), held Balwant Raj guilty of commission of offence u/s 302 RPC and 3/25 Arms Act whereas any criminal conspiracy hatched by absconding Bharat Bushan with the present accused will be considered when absconding accused is arrested. Against him general warrant of arrest u/s 512 CrPC has already been issued.
Today on the quantum of sentence, the Court heard Ajay Bandral Advocate as the counsel for the accused was not appearing after convicting the accused, Ajay Bandral has been appointed as Amicus-Curiae has submitted that antecedents of accused are not blemished and the manner in which offence has been committed cannot be described as diabolical ghastly or inhuman so the same cannot be termed as rarest of the rare case inviting imposition of death sentence u/s 302 RPC. He also submitted that accused is a very young person to the contrary Public Prosecutor Mr. GR Khajuria argued that accused deserves the sentence of death as he has committed the murder of a person in the Court premises who was to attend the case which itself suggest highhandedness and dare-devil deed of accused which has shocked conscious of ordinary citizens that no person is safe at a place where stands the temple of justice.
The Judge, after considering the arguments raised at bar and the manner in which the offence has been committed by the accused, who is facing trial observed that it cannot be denied after a person has committed the offence of murder which involves a human life, no leniency can be shown to such person while imposing sentence which in turn inspire the confidence in the people and fulfill the faith reposed in the Court. In the present case the manner in which accused has murdered Som Dutt not withstanding the commission of same in the premises of temple of justice cannot be turned as rarest of rare case inviting imposition of death sentence. Accordingly accused Balwant is sentenced to rigorous imprisonment of life u/s 302 RPC and fine Rs 50,000, u/s 3/25 Arms Act the accused is also sentenced to rigorous imprisonment of five years and fine Rs 10,000. Court clarified that sentences are directed to run concurrently.
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