Early Times Report
JAMMU, Dec 4: The Court of Additional Sessions Judge, Jammu, presided over by Ritesh Kumar Dubey, on Thursday awarded varying jail terms to two brothers convicted for attacking a man with a sharp-edged weapon in 2009 in the Nowabad area of Jammu.
The court sentenced Vipin Kumar, son of Behari Lal and resident of Ambika Vihar, Gole Gujral, to rigorous imprisonment for one year and a fine of ?2,000 for causing grievous hurt under Section 325 of the Ranbir Penal Code. In default of payment of fine, he will undergo a further rigorous imprisonment of one month. For the offence under Section 4 read with Section 25(1-C) of the Arms Act, he has been awarded rigorous imprisonment for three years and a fine of ?2,000, with a default sentence of one month's rigorous imprisonment. Both substantive sentences have been ordered to run concurrently.
His brother Parshotam Kumar, also son of Behari Lal, has been sentenced to rigorous imprisonment for six months and a fine of ?2,000 for the offence under Section 325/34 RPC; in default of payment of fine he will further undergo one month's rigorous imprisonment.
According to the prosecution, on 11 August 2009 the two brothers went to the place of occurrence on a motorcycle and Vipin Kumar attacked victim Sohan Singh with a 'toka', allegedly with the intention to kill him. The victim sustained grievous injuries. The case was registered at Police Station Nowabad vide FIR No. 113/2009 under Sections 307/325/34 RPC and 4/25 Arms Act. After trial, the court held that the prosecution had failed to establish the charge of attempt to murder under Section 307 RPC but proved the offences of grievous hurt and illegal use of weapon.
At the stage of sentencing, the learned Additional Public Prosecutor argued that the convicts had committed serious offences and deserved stern punishment, while defence counsel Mr. Harbans Singh, Advocate, submitted that they were first-time offenders, belonged to a poor family and had never been involved in any other criminal activity. It was also pointed out that they have an aged mother to look after and have already faced the ordeal of a long-drawn trial.
Taking into account the nature of injuries, the manner of the attack, and the fact that the convicts are young, first-time offenders and have faced trial for about sixteen years, the court observed that a balance had to be maintained between the interests of society, the rights of the victim to live in a crime-free environment and the possibility of reform of the convicts. The period of custody already undergone by them, including the detention after their conviction vide judgment dated 13 November 2025 till date, has been directed to be set off against the sentence imposed.
Both convicts have been remanded to District Jail Amphalla, Jammu, for serving the remaining part of their sentence, and they have been informed of their right to file an appeal against the order within the prescribed period.
—(JNF) |
