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| Man gets life imprisonment for killing wife, 10-year old son | | | Early Times Report
Jammu, May 9: Principal Sessions Judge Reasi R N Wattal today awarded life-imprisonment to Kuldeep Singh for killing his wife and 10 year old child.
According to e case field by prosecution on 07/03/2010 Police Station Mahore received an information from reliable sources that corpus of one Shiv Devi wife of Kuldip Singh R/O Chassana Tehsil Mahore is lying on the road leading from Shikari to Thuroo in the Dubri forest, at a distance the corpus of Sachin @ Rinku and weapon of offence i.e (parni) were also found lying there, accordingly FIR No. 33/2010 for the commission of offences u/s 302 RPC & 4/27 of I.A Act was registered.
During the investigation it came to fore that the accused had married the deceased Shiv Devi D/o Kamal Singh R/o Bathoi Mahore 14 years ago, out of this wedlock one male and female child was born, accused was working at Kangra Himachal Pardesh for 12 to 13 years, when the accused used to come to his house he quarreled with Shiv Devi as he was suspecting that his wife was having illicit relationship and also suspected the paternity of his son namely Sachin @ Rinku, accused was also having illicit relationship with different girls and due to strained relations Shiv Devi.
He was living with her parents at Bathoi for the last two years, accused never visited his in-laws house, and accused called his wife on the telephone of Darshana Devi and under a plan on 5.3.2010 at 7.46 P.M on telephone number 9797329255 from his telephone number 9736132890, told his wife Shiv Devi to come to Dabri forest on 6.03.2010, accused came to said place from Himachal Pardesh in SRTC vehicle boarded off the vehicle at Ganjote Mahore ,went on foot to Dabri forest, carrying Sulphos narcotic drugs and knife from Kangra Himachal Pardesh, administered Sulphos drug to his wife and son, rendered them unconscious, with his left hand closed their mouth, kept stone on the neck of his wife, cut her throat with a knife brutality, also brutality cut the throat of his son, left from the spot after committing the crime, changed\ his blood stained clothes, boarded in SRTC vehicle after purchasing a ticket to Kangra Himachal Pardesh, kept his clothes in a room, destroyed SRTC ticket.
The FSL report of the blood stained clay, Sulphos drug, fingerprints on the weapon of offence were found matching with that of the accused, the call details also confirmed the involvement of the accused in the murder of his wife and son, the investigation concluded and it came to fore that the accused with the criminal intention brutality murdered his wife and son and offences u/s 302,201 RPC and 4/27 I.A Act was established against the accused and charge sheet was presented before the Ld. Munsiff (JMIC), Mahore and committed to this court for judicial determination.
Principal Sessions Judge Reasi R N Wattal after hearing PP Ranjeev Kumar and APP Ashwani Kumar for the police whereas Adv AK Shan for the accused person observed that while awarding sentence, the court should take recourse to principle of deterrence, or reform or invoke the doctrine of proportionality. Taking recourse to either of these principles depends upon facts and circumstances of each case. The nature of the offence committed by the accused plays an important role in awarding the punishment. One of the principles that judiciary has to kept in mind is that murder of spouses and children should be severely punished so that same may be deterrent in the society. The crime here is the murder of an innocent wife and son, particularly heinous crime, a crime against humanity.
The penal statute has prescribed punishment for offence of murder for life or capital punishment and to view such offences once proved lightly is itself an afferent to humanity. Though there is discretion to the court to award a less sentence than minimum, adequate and special reasons decide the discretion.
The discretionary power cannot be used indiscriminately or routinely. Same has to be used sparingly in cases where special facts and circumstances justify a reduction.
The justifiable reason given by the accused herein for reduction in sentence or pardon him is that the convict is a young man and has family to be maintained by him and he is the only bread earner of his family. The convict is not a professional criminal and there is no criminal history in his past. As a young man, his mind has been perverted and was having an extra marital affair. No ground has been put forth before me, which would warrant imposing extreme penalty on the convict. There are only two types of punishment for offence under section 302 RPC i.e. life imprisonment or death penalty.
Death sentence can be imposed only on the rarest of the rare case and case in hand does not fall in the category of rarest of rare case. The convict, is as such, sentenced to undergo life imprisonment for the commission of offence u/s 302 of RPC and imprisonment of two years for the commission of offence under section 4/25 Arms Act. Both the sentences shall run concurrently subject to the confirmation from the High Court. JNF |
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