news details |
|
|
| Court relaxed life term in murder case | | | Early Times report
Jammu, May 5- Setting aside the judgment of Sessions Judge Kathua sentencing the appellant to life imprisonment and fine of Rs.5000 u/s 302/34 RPC, the Division Bench of J&K High Court Jammu Wing comprising Justice JP Singh and Justice Sunil Hali convicted and sentenced the appellant Parkash Chand to seven years rigorous imprisonment and fine of Rs.2000 whereas appellant Bittu Ram was sentenced one year simple imprisonment with a fine Rs 1000.
The judgment written by Justice Sunil Hali for the Division Bench, after hearing Advocate JR Arora for the appellants and Additional Advocate General PC Sharma for the respondent, observed that the evidence on record proves that appellant Parkash Chand had hit the deceased Om Parkash with a burning wooden log at his head, a vital part of the body, had the knowledge that the act committed by him was likely to cause death. He had, however, no intention to either cause death or cause such badly injury as was likely to cause death. The act committed by him would not, therefore, fall in any of the clauses of section 300 of the RPC and would on the other hand amount to culpable homicide not amounting to murder, punishable u/s 304-II RPC. In the approved for reporting judgment Division Bench further observed that the act committed by appellant Bittu Ram in causing simple injury to Babu Ram, he is liable to punished for commission of offence punishable u/s 323 RPC. The Bench allowed the appeal, setting-aside the impugned judgment and order of Sessions Judge Kathua.
According to the case against the appellant that on February 28, 2002 deceased Om Parkash had gone to attend the marriage of one Kaku Ram’s daughter at village Dharamkot where he was attacked by the appellant Parkash Chand while he was sitting on a parapet. He inflicted a lathe blow on the posterior side of head of the deceased. The brother of the deceased Babu Ram who had tried to intervene was also attacked with the lathe by the other appellant Bittu Ram. Both the deceased and his brother suffered injuries. Deceased Om Parkash fell on the ground and become unconscious. He was referred to Billawar hospital from where he was shifted to GMC Jammu where died on March 2002. A Case u/s 302/307/34 RPC was registered in P/S Billawar. After completion of the investigation challan was presented in the Court of law. The Sessions Court Kathua awarded life-imprisonment and fine Rs 5000 u/s 302/34 RPC and appellant Bittu Ram stands additionally convicted and sentenced u/s 324 RPC to one year’s imprisonment. Aggrieved by the judgment the appellants filed this appeal through Advocate JR Arora.
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
