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| DB dismisses appeal after 19 years | | Life-imprisonment of four real brothers upheld | | Early Times Report
Jammu, June 05- The Division Bench of J&K High Court today upheld the life imprisonment awarded by the Session Judge Kathua on March 18, 1991, to four accused, involved in a double murder case. The Bench comprising Justice Virender Singh and Justice YP Nargotra also dismissed the criminal appeal after 19 years.
In the approved for reporting judgment written by Justice Virender Singh, the DB observed that charge of section 148 RPC for which the accused stand convicted by the Trial Court stands proved and therefore, their conviction is also maintained with the aid of section 149 RPC as all the accused had the common intention to commit murder of both the deceased.
The DB further observed that conviction of all the accused namely Bias Raj, Mohinder Pal, Madan Lal and Basant Kumar, as already recorded by the Trial Court, is hereby upheld and conformation also stands disposed off accordingly. Since Lal Chand is already dead and the remaining four accused are stated to be on bail during the pendency of the appeal, their bail bonds stand cancelled and requisite steps be taken at once for taking them into custody for serving the remainder of their sentence as already awarded by the Trial Court and now confirmed by the Division Bench, the Court ordered.
Jaswinder Lal and Manjeet Kumar, who were seriously injured by the accused persons on May 16, 1990, were shifted to the hospital where they succumbed to their injuries. One of the deceased had given his statement in the hospital and on the basis of which a case was registered by the police station Kathua and after completion of the investigation challan was presented in Sessions Court Kathua. The Sessions Court Kathua, on March 18, 1991 awarded life-imprisonment to five accused namely Lal Chand (who died during pendency of appeal), Bias Raj, Mohinder Pal, Madan Lal and Basant Kumar sons of Lal Chand residents of Jagatpur Tehsil Kathua. Against the said sentence, they filed a criminal appeal in the year 1991, which was decided today after 19 years. JNF
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