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| Court awards five yrs imprisonment to accused facing trial in murder case | | | Early Times Reporter
Jammu | Jan 18
2nd Additional Sessions Judge Jammu Mr. AK Koul today awarded five years rigorous imprisonment to accused Pankaj Singh alias Kala by converting section 302 to section 304-II RPC with fine Rs 5000/-
According to the prosecution case there was land dispute between deceased Nanak Singh and accused. It was on October 24, 2003, accused armed with lathi and dharat started ploughing the disputed land. The deceased objected the accused Pankaj Singh and Vijay Singh assaulted on him with the lathe and blunt side of dharat, the deceased died on spot. Accused Vijay Singh absconded after the commission of the crime and the charge-sheet was presented before the court against both the accused with a prayer that Vijay Singh accused be tried in absentia so the Court preceded against him u/s 512 Cr PC.
The Additional Sessions Judge after hearing APP Ravinder Sharma for the state and Adv RK Kotwal for the accused observed that what is worth notice is that accused have demonstrated unusually cruel attitude. They have used dharat from blunt side and would they intend to kill the deceased, they could hit him from the sharp side of the weapon on the vital part of the body. The injuries sustained by deceased indicate that accused never meant to kill him. They simply wanted to prevent him from causing interference in their cultivation. The accused were two in number and possessed a lathe and a dharat, but still inflict any such injuries to accused on any vital part of body, with such magnitude and severity that it could surely lead to death, but accused could be attributed the knowledge that they were likely to cause death. So it could safely be a case under Part II of section 304/34 RPC and accused held u/s 304-II RPC and convicted him to undergo five years imprisonment and fine Rs 5000, fine if paid shall be remitted to treasury. JNF |
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