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| DB confirms life-imprisonment awarded by Trial Court | | | Early Times Reporter
Jammu | Jan 7
Division Bench of Jammu and Kashmir High Court, Jammu Wing, comprising Justice Nirmal Singh and Justice Virender Singh has confirmed the life-imprisonment awarded by then Principal Sessions Judge Jammu Mr. Vinod Gupta, in October 2005 convicting Vikram Sharma alias Vicky u/s 302 RPC for committing murder of Rajesh Bassi.
According to the police case on May 26, 1994, the Gandhi Nagar police received information that accused caused injuries with ‘Kirch’ (sharp edged weapon) to Rajesh Bassi at about 8am in sector 4, of Nanak Nagar near Gorkha Temple, when the deceased was coming back from the temple. After causing the injuries, the accused ran away from the spot and the injured was taken to GMC Jammu by the mother of deceased who had succumbed to injuries. A case u/s 302 RPC was registered.
The case of the prosecution primarily hinges upon the statement of Akash (child witness) who was accompanying the deceased at the time of occurrence. The other material witness is Shahshi Bala, the mother of the deceased, who was informed by Akash about the occurrence and she immediately reached the spot and took her son to the hospital. According to the police the enmity between the deceased and accused was that the deceased restrained the accused from teasing the girls near the shop. The Trial Court after awarding sentence sent the same for conformation.
The judgment written by Justice Virender Singh for the Division Bench, after hearing Additional Advocate General Mr. BS Salathia appearing for the State and Adv YP Koushal appearing for the convict, observed that the position is very clear in this case that there is no reason to doubt the satisfaction of the Court about the capability of understanding of witness, If so, the next question for consideration is as to whether he is a reliable witness or not. Simply, he is related to the deceased, cannot be a ground to discard him. He, in the view of the DB, was most natural witness, who had gone to his Puffi's house prior to the occurrence and on the day of occurrence was accompanying the deceased. DB, therefore, does not find any thing unnatural in, he being present there. The accused might have given more injuries to the deceased when Akash (10 years old boy star witness of the case) was in the process of rushing towards the house for calling Shahshi Bala, the mother of the deceased.
In the judgment, DB further observed that if the investigating officer had to take advantage of the delay, in that eventuality Akash would have given a complete account of the injuries, therefore, the delay in regarding the statements of Akash and mother of the deceased in the considered view of the Division Bench, cannot be said to be fatal at all. Since believing Akash the star-witness as a most reliable one, who has unfolded the prosecution story by giving a true account of occurrence coupled with the evidence of Shahshi Bala, the mother of the deceased , who after receiving the information reached the spot and lifted her son to the hospital, where he was declared dead. With these observations, the DB confirmed the life-imprisonment awarded by the Trial Court to the accused Vikram Sharma. |
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