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news details
Court awards 10-years imprisonment to three in culpable homicide case
1/23/2023 10:50:35 PM
Early Times Report
JAMMU, Jan 23: Principal Sessions Judge Samba Sonia Gupta today awarded 10 years rigorous imprisonment to three including two siblings Rashpal Singh, Sat Pal both sons of Hans Raj and Bodh Raj for offence u/s 304(1) (culpable homicide not amounting to murder).
Principal Sessions Judge Samba Sonia Gupta after hearing Adv RK Kotwal for the accused persons whereas Public Prosecutor Jawaid Khawaja for the UT, observed that in view of the facts and circumstances of the case, evidence adduced by the prosecution and the discussion made hereinabove, all the accused namely, Rashpal Singh, Bodh Raj and Sat Pal are held guilty and they are convicted for the commission of offences punishable U/Ss 304(1)/323/34 RPC. Accused No.2 Bodh Raj is on interim bail and his bail is cancelled. He is ordered to be taken into custody.
The Court further observed that It is a settled proposition that in awarding sentence in our civilized society, a reasonable proportion has to be maintained by the Court between the heinousness of the crime and the punishment. The sentences are imposed to reflect the seriousness of the crime, to promote respect for the law, to provide just punishment for the offence, to afford adequate deterrent to criminal conduct and to protect the community from further similar conduct.
In awarding sentence, the court must look into the crime, the victim besides the circumstances of the criminal and the impact of the crime on the community. In the present case, as submitted by counsel for convicts that Rashpal Singh, Bodh Raj and Sat Pal are middle aged persons and the imposition of imprisonment for ten (10) years u/s 304(1) RPC would serve the interest of justice. Keeping in view the age of the convicts/accused and considering the contention of defence counsel about the crime, I think this case does not fall in the category of sentencing them to imprisonment for life. Keeping in view the age of the convicts, imprisonment for ten (10) years shall be an adequate sentence in the present case u/s 304(1) RPC. Accordingly, the following sentences are imposed upon the convicts/accused for offences U/Ss 304(1)/323/34 RPC. —JNF
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