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| Life imprisonment to two for murdering brother, bhabi | | | Early Times Reporter
Jammu | Sep 19
FirstAdditional Sessions Judge Jammu Mr. Puneet Gupta today awarded life-imprisonment to two real brothers Ajit Singh alias Jeeta and Bishan Singh alias Kaku Sons of Beli Ram r/o Kortana Khurd Tehsil RS Pura who were facing trial in committing murder of their real brother and bhabi.
In the 33 page judgment, Mr. Puneet Gupta, after hearing Additional Public Prosecutor Harpal Singh appearing for the state and Adv ML Thusoo appearing for the accused persons, observed that accused Ajit Singh and Bishan Singh have been found guilty for the commission of offence u/s 302/34 RPC. What sentence is to be given to the accused is now required to be seen. Double murder is found to have been committed by the accused. Deceased Kasturi Lal was the brother of the accused and Lajwanti Bhabi (sister-in-law) of the accused indeed the ghastly act of the accused can shake the conscious of any person to the extent that one may straight way ask for death penalty for the accused. But the court is not get swayed by emotions but have to keep in view all factors before awarding sentence to the accused. In case like murder, death penalty was not considered to be exceptional one. Rarest of the rare is the catch word so far as capital punishment is concerned to the accused of committing heinous offence like murder. The concept “rarest of the rare” came into vogue in earlier eighties and is still being followed on the basis of concept given by Apex Court of the country.
In the present case, Court can imagine the everlasting impact that may remain in the minds of minor children of unfortunate victims as those minor children have witnessed the occurrence and saw their parents dying in no time because of the attack engineered by the accused without any provocation from the victim. Having this factor in mind also the Court may jump to the conclusion that the accused are liable to be awarded death sentence and any punishment lesser than that may not meet the ends of justice but the Court at the cost of repetition, is not to get overwhelmed emotions but have to take all circumstances into consideration before awarding punishment u/s 302 RPC.
Court further observed that differences have been given way to theory of reformation and a chance should be given to the accused to correct him self. In spite of the fact that the accused are involved in the murder of their close relations and minor children of the victim have been deprived of their love and affection and the protection of their parents, yet the Court is not inclined to treat this case “rarest of the rare” case. The accused are not otherwise hardened criminal and are not history-sheeter, so taking into consideration all the relevant facts, Court while upholding the accused Ajit Singh and Bishan Singh guilty for commission of offence u/s 302/34 RPC, ordered that each of the accused shall undergo imprisonment for life and each of the accused shall pay a fine of Rs 5000 According to the prosecution story on October 2, 1997 when the Kasturi Lal and Lajwanti along with their son Ashwani Kumar and daughter Sarishta Devi (both were minor at that time) reached near their field at about 11:00 AM, accused Ajit Singh and Bishan Singh with criminal intention attacked with DARTI and KAHI on the parents of the complainants whereas the mother of the complainant died on spot and father of the complainant was taken to RS Pura Hospital where he expired. The enmity between the real brothers was on a piece of land, whole the case was narrated by the minor children of deceased and their witnesses; court today awarded life imprisonment after investigation and trial of the case more than 10 years. JNF
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