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| DB converts offence from section 302 to 304-I RPC | | |
Early Times Report
Jammu, Feb17- In a criminal appeal filed by the convict Mohar Singh of village Dhar Gaddian, Tehsil Udhampur, who was awarded life-imprisonment for committing murder of his daughter-in-law Sushma, a Division Bench of J&K High Court Jammu Wing comprising Justice Nirmal Singh and Justice Mohammed Yaqoob Mir, today sentenced the accused to 10 years rigorous imprisonment with a fine of Rs.5000, after converting the offence 302 (murder) RPC into 304-I RPC Rs 5000.
In the approved for reporting judgment written by Justice MY Mir for the Division Bench, the court after hearing Advocate JP Sharma appearing for the petitioners and Additional Advocate General SC Gupta appearing for the State, observed that loss of temper is always fraught with dangerous consequences. Mankind, when losses temper, becomes irrational and commits acts which, at times, become ferocious. Trivial, issue regarding release of cow without permission of accused Mohar Singh has resulted in loss of life of young lady, married just two years, prior to the date of occurrence, depriving her enjoying so many summers of her life, attempt to style homicide as suicide has proved abortive.
The Court further observed that this appeal is directed against the judgment passed by then Principal Sessions Judge Udhampur DK Kapoor on October 29, 2005 whereby the Sessions Court awarded life-imprisonment to the accused and fine Rs 1000 whereas accused No 2. Shanti Devi, mother-in-law of the deceased, has been awarded simple imprisonment of six months and fine of Rs 1000 as she only helped her husband to make the dead body hang by neck.
While converting section 302 RPC into section 304-I RPC, DB further observed that circumstances as appeared in the evidence that the deceased had released the Cow without the permission of the accused, who was father-in-law of the deceased, and further more there was altercation on the release of the cow between the deceased and accused. In the fit of rage, the accused struck the stick (Danda) on the head of the deceased which resulted in her death and convicted the accused to undergo rigorous imprisonment for 10 years instead of life-imprisonment and enhanced the fine from Rs 1000 to 5000. The accused No 2 Shanti Devi mother-in-law of deceased is acquitted from the charges, the court further ordered. JNF
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