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| DB reduces life-imprisonment into seven years RI | | | Early Times Reporter
Jammu | Jan 17
Division Bench of J&K High Court, Jammu Wing, comprising Justice Nirmal Singh and Justice Virender Singh, in an appeal filed against the conviction passed by Principal Sessions Judge Poonch on March 7, 2007 converted section 302 into 304-I RPC and reduced the life imprisonment into seven years rigorous imprisonment and a fine of Rs.50000, which on recovery, shall be paid to the legal heirs of the deceased as compensation. The Court had earlier, convicted and sentenced Shahab Din for life imprisonment.
This approved for reporting judgment written by Justice Virender Singh, the Division Bench, after hearing Sheikh Shakeel Ahmed appearing for the appellant and Additional Advocate General AH Qazi appearing for the state, referred a judgment of the Supreme Court and allowed appeal partly. The Bench converting section 302 into section 304-I RPC sentenced the accused to seven years rigorous imprisonment with Rs.50, 000 as fine. In default, the accused shall further undergo two years RI and in case the fine is recovered, the entire amount shall be converted into compensation and the same be paid to the legal heir of the deceased. JNF
According to the prosecution case the sister of the deceased who was along with her cattle when the accused tried to molest her. She went to nearby field to narrate the incident to her brother deceased Munir Hussain, who went to the accused to enquire about the said incident where a scuffle ensued between the two. The accused had allegedly threatened the deceased to teach him a lesson and on June 3, 2002 while deceased was going to village Jallian, the accused assaulted him with a Danda which landed on his head and unconsciously fell down. On receipt this information, the police station Mandi registered a case and referred the deceased to Hospital Poonch, however he died on the way. JNF |
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