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| Trail Court awarded life imprisonment to father for killing his son | | DB partly modifies Trial Court order, sentences convict to 8 yr imprisonment | | Early Times Report
Jammu, Apr 28- Partly modifying the order of the Trial Court awarding life imprisonment to father for killing his son, the Division Bench of J&K High Court Jammu Wing comprising Justice Nirmal Singh and Justice JP Singh sentenced the accused to imprisonment of eight years besides a fine of Rs.5, 000.
Deciding a criminal appeal filed by the convict who killed his son and was awarded life-imprisonment by the Principal Sessions Judge Udhampur on October 11, 2005, the DB converted section 302 RPC into section 304-I of RPC (culpable to homicide not amounting to murder) and allowed appeal partly and modified the judgment and order of the Trial Court and convicted appellant u/s 304-I RPC, sentencing him to imprisonment for 8 years and fine Rs 5000.
In the approved for reporting judgment written by Justice JP Singh for the Division Bench, after hearing HA Siddiqui Amicus Curiae and Additional Advocate General SC Gupta for the state, observed that occurrence had taken place suddenly and at the spur of the moment when the appellant had lost his cool and fired at his own son. There is however, no denying the fact that appellant’s act of firing at his son was preceded by immediate sudden provocation which he had taken during the course of his and deceased’s indulging in altercation and exchange of heart words. There being no time gap between the provocation and the act of firing by the appellant, his act in the absence of any pre-meditation, to commit the act would in the opinion of this Court, certainly attract Exception-I to section 300 RPC bringing the act of the appellant within the definition of culpable homicide not amounting to murder punishable u/s 304-I RPC, accordingly DB allowed the appeal partly and modified the impugned judgment of Trial Court
Hem Raj appellant, a member of the Village Defence Committee had killed his son Anchal Singh by firing on December 18, 2000 at about 9 PM at his house with 303 Rifle which was supplied to him by the state Government. Anchal Singh who was married a year ago and putting up at the house of appellant with his mother and other brothers at Village Siamere Vagan, indicated his intention to have a separate house which was not liked by the father leading to an altercation between the appellant and the deceased. During the altercation father of the deceased fired at Anchal Singh with 303 Rifle who died on spot. The police registered a case u/s 302 RPC and presented the challan in the court law in which accused was awarded life-imprisonment and fine Rs 5000. Aggrieved by the judgment of the Trial Court, convict filed this criminal appeal in the state High Court seeking quashment of the judgment order. JNF
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