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| Case decided after 14 yrs investigation, trial | | 2 brothers, wife sentenced to one year’s RI | |
EARLY TIMES REPORT
JAMMU, FEB 5: The 3rd Additional Sessions Judge Jammu RS Jain today awarded one year’s rigorous imprisonment to Kamal Kumar and Madan Lal sons of Shankar Dass and Neelam Kumari wife of Kamal Kumar of Bhori Patta Chungi, Jammu facing trial in a case from 1994.
While awarding sentence, the 3rd Additional Sessions Judge, after hearing Additional Public Prosecutor Gulzar Singh, observed that there is no evidence on the file that any of the injuries sustained by the victims was fatal are sufficient in the ordinary course of nature to cause the death of the victim or such injuries were imminently dangerous and in all probability could have caused death.
In this view of the evidence it cannot be said that the accused persons intended to cause death of injured or to cause such bodily injuries which may be sufficient to cause their death, so as to bring the offence within the purview of section 307 RPC (attempt to murder). Hence the accused Kamal Kumar, Madan Lal and Neelam Kumari are convicted u/s 326 (grievous injuries)/ 323/34 RPC.
Accused are currently on bail, their bail bonds stand cancelled and they shall be taken into custody.
Keeping in view facts and circumstances of the case, accused are sentenced to RI for one year and fine of Rs 1000 each u/s 326 RPC and the accused are further sentenced for a period of one month and fine Rs 500 each u/s 323 RPC.
Court clarified that the sentences shall run concurrently.
According to the police case on June 24, 1994 Police Post Pouni received information from reliable sources that one Baldev Raj along with his children Neeraj and Tarun was going to his garden and when they reached near the house of Kamal Kumar and Madan Lal, both the said persons, on the basis of previous enmity wrongfully restrained Baldev Raj and his children and caused injuries by using sharp edged weapons resulting into their hospitalization.
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