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news details
Court awards life-imprisonment to man for killing 2 ½ year old child
'Convict wanted mother of the deceased kid to run away with him'
5/31/2018 11:27:56 PM
Earliy Times Report
Jammu, May 31: Principal Sessions Judge Kathua Sanjeev Gupta today awarded rigorous life-imprisonment Rattan Kumar for killing a 2 ½ year old child. The court also awarded five years rigorous imprisonment u/s 364 RPC to the accused for the heinous crime.
The prosecution in its case had stated that on May 5, 2013 Seema Devi lodged a written report to the Police Post, Hatli Morh, Kathua, that on May 2, 2013 at about 7:00 pm, she had gone to a shop for fetching milk along with her two children and was returning home, in the meantime, accused who is a labourer at CTM Kathua, with a criminal intention kidnapped his 2½ years old son Rohit Pandit and went away. She ran after the accused but the accused succeeded in running away along with his child to some unknown place. During the course of investigation dead body of child was recovered.
The investigations revealed that the accused and husband of Seema Devi used to work as a labourer at CTM, Kathua, and both of them were friendly to each other. Husband of Seema Devi was residing with his family at Ward No.14, Ram Nagar Colony, on rent and the accused also used to reside in the nearby colony, who was a regular visitor to the house of husband of Seema Devi, due to which he developed an intimacy with the children, besides also developed a liking for Seema Devi.
It was found in the investigation that sometime before the occurrence, accused asked Seema Devi to run away with him to some other place, however, Seema Devi spurned his offer and told him that she is a married lady having two children. On May 23, 2013, Seema Devi went out of her house alongwith her two children, and went inside a shop near CTM factory, after keeping her children standing near the road. In the meantime, accused came on spot and after kidnapping the deceased went away, who after sometime contacted Seema Devi on her mobile phone and told her to accompany him, otherwise, her child will be killed. However, despite repeated phone calls made by Seema Devi, accused did not return her child and insisted upon her to come to the Railway Station, Kathua, but, Seema Devi refused to come to the Railway Station and pleaded with the accused on phone to return her child.
Thereafter, on the refusal of Seema Devi to accompany him, the accused got enraged and in a fit of anger, accused on the same day took the deceased to Maggar Khad near Jagotra and killed him by strangulation and threw his body in the bushes and fled away from the spot.
Principal Sessions Judge Kathua Sanjeev Gupta after hearing the Public Prosecutor B B Sharma for the state and defence counsel advocate TN Gupta ordered that convict is sentenced to undergo rigorous imprisonment for life and a fine of Rs. 20,000/- under section 302 RPC. In default of payment of fine, the convict shall undergo simple imprisonment for six months. The convict is further sentenced to undergo a rigorous imprisonment of five years and a fine of Rs.10,000/- under section 364 RPC. Court further clarified that both the sentences shall run concurrently.
The Court also observed that State should provide monetary assistance to the family of the victim out of its own funds, because it is the protector of life and property of its citizens being their custodian. Therefore, in my view, a compensation of Rs 2 lakhs will be just and reasonable amount for providing financial assistance to the family of victim, which shall be paid within one month by the Member Secretary, Jammu & Kashmir State Legal Services Authority.
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