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| Court awards life imprisonment to accused in murder case | | | Early Times Reporter
Jammu | Dec 3
Additional Sessions Judge, Ramban, Akram Choudhary convicted and sentenced Dhoop Singh, who along with other accused committed murder of Shankari Devi w/o accused Bhago Singh to life-imprisonment and fine of Rs 10,000.
In the 37 page judgment, Additional Sessions Judge, after hearing APP AH Yatoo appearing for the State and Advocates KS Bali and MD Singh Bali appearing for the accused Dhoop Singh, observed that the prosecution has succeeded to bring home the charge against accused Dhoop Singh connecting him with the commission of offence U/Ss 302 and 342 RPC as such the accused was convicted. On the quantum of sentence, the Court said that in the present case though the murder is gruesome but taking the facts and circumstances into consideration, crime committed by the convict does not satisfy the test and propositions and it is difficult to say that case falls within ambit of the rarest of the rare case. In view of the Court, capital punishment is not warranted and sentence of life-imprisonment for offence u/s 302 RPC would be adequate. The convict is accordingly sentenced to rigorous imprisonment for life and Rs 10,000 as fine, the Court ordered.
According to the prosecution case on October 31, 2001, one Vijay Singh r/o Sildhar reported the matter to P/S Ramban in which he stated that on October 29, 2001 he along with 7-8 persons went to the house of Bhago and his wife Shankari Devi in connection with their land dispute and saw that Shankari Devi had been tied with a pillar in the house of Dhoop Singh and she was having deep injuries on her head and also injuries all over the body. On enquiry it was found that Shankari Devi had been grievously assaulted by Dhoop Singh with an intention to kill her. On this complaint, a case was registered and investigation started. When the IO visited on spot found that Shankari Devi had died at 3:00 AM and as such the case was investigated for the offence u/s 302 RPC (murder). After investigation the police came to the conclusion that deceased had a marital discard with her husband Bhago even after their marriage 20 years back both were residing separately. About 7-8 years back, Bhago adopted Dhoop Singh and his brother Manhor Lal and sons and both were putting up with him as heirs and were also cultivating his lands. Upon this the deceased Shankari Devi was annoyed with the accused and she filed civil case in Ramban Court and before Tehsildar Ramban. On October 29, 2001, the case was fixed for hearing, both the accused were present in the Court Sub-Judge Ramban. The deceased being share-holder in the property was soaring in the eyes of accused, who always used to quarrel with her as they wanted to get the possession of half of the estate. This was the cause of committing murder by the accused persons. The police after completing the investigation presented the challan in the Court of law. Accused Bhago had absconded during investigation and Court initiated proceedings against him in terms of section 512 Cr PC and the challan was committed to the Sessions Court. |
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