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Murder accused gets life term
12/27/2008 10:39:36 PM
Early Times Report

Jammu, Dec 27- The 1st Additional Sessions Judge, Jammu, Puneet Gupta today awarded life-imprisonment to accused Ashwani Kumar alias Bittu of Tarlokpur ,who was facing trial in a case of murder and attempt to murder which was committed on October 30, 2000.
While awarding life imprisonment to accused, 1st Additional Sessions Judge, after hearing Additional Public Prosecutor Harpal Singh appearing for the State and accused in custody, observed that accused would have targeted Anju Devi cannot be ruled out as she was soft target for him as she was yet to recover fully from the shock after she saw her brother in the injured condition. It is not that that she was hit upon by the bullet when she had just approached the verandah. She was fired upon after she had fallen on the ground. In either case the accused is to be held to be responsible for the murder of Anju Devi. The court agrees with the submission of the prosecution but is unable to agree with the argument of learned counsel for the accused on this point and held accused guilty for the commission of offence under Section 302/307 RPC r/w section 27 Arms Act and awarded life imprisonment and fine Rs 5000 u/s 302 RPC and five years imprisonment u/s 307 RPC and fine Rs 1000. The accused is also held liable to suffer imprisonment for a period of five years and fine Rs 1000 u/s 27 of Arms Act. Court clarified that all the sentences shall run concurrently.
According to the prosecution case Rakesh Kumar alias Ganju resident of Tarlokpur in his statement to the police submitted that on October 30, 2000 when he was standing outside the gate of the house Ashwani Kumar, who harboured enmity in connection with marriage with his sister, came on spot and started abusing him and with an intention to kill him fired a bullet which hit on the left shoulder and in the meantime his father, brother Satpal and others came on spot. Ashwani Kumar also attacked him with the butt of the rifle and then fled away from the spot. He along with others came in the Verandah of the house where Anju Devi, sister of the complainant, also came in the Verandah and on seeing the condition of the complainant fell on the ground and meanwhile Ashwani Kumar fired from rifle from the roof of the house of the complainant with intention to kill her. The bullet hit below the chest of Anju Devi who was shifted to GMC, Jammu in serious condition. The victim later succumbed to her injuries on the same day. The usual investigation took place which resulted into presentation of challan against accused Ashwani Kumar under Section 302/307 RPC r/w Sec. 3/25 Arms Act. The reason leading to the occurrence is stated to be that the accused wanted to marry with the other sister of the complainant/victim Rakesh Kumar and Anju Devi, which was objected by the family of the victims, as the accused is Tarkhan and the complainant are Brahman. JNF
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