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| 10-Yr RI for murderous 'Dharat' attack in Ramnagar | | | Early Times Report
JAMMU, July 31: The Court of Additional Sessions Judge, Udhampur, has sentenced a Ramnagar resident to 10 years' rigorous imprisonment for attempting to murder a man by repeatedly attacking him with a sharp-edged weapon, locally known as a Dharat.
Additional Sessions Judge Y.P. Sharma awarded the sentence to Sumit Sharma, son of Mohan Lal, resident of Ward No. 7, Ramnagar, after convicting him under Section 307 of the Ranbir Penal Code and Section 4/25 of the Arms Act. The Court sentenced the convict to 10 years' rigorous imprisonment and imposed a fine of Rs 1 lakh for the offence of attempt to murder. He was also sentenced to three years' rigorous imprisonment with a further fine of Rs 1 lakh under the Arms Act.
Both sentences will run concurrently. In default of payment of either fine, the convict will undergo an additional year of rigorous imprisonment. The period already spent by him in custody will be set off against the sentence.
The case arose from FIR No. 12/2016 registered at Police Station Ramnagar after Pardeep Kumar was attacked on February 10, 2016.
According to the prosecution, Pardeep was standing outside his shop at around 5 pm when Sumit Sharma approached him armed with a Dharat and launched repeated blows on his face, nose, cheek and neck with the intention of killing him.
The injured suffered extensive facial wounds and was initially taken to Ramnagar Hospital before being referred to Government Medical College, Jammu. He reportedly received more than 40 stitches and underwent treatment involving surgical and ENT consultation.
The medical officer found two grievous incised wounds on his face and another injury on the back. The Court noted that the wounds were possible with the sharp-edged weapon recovered during the investigation.
The injured fully supported the prosecution case during the trial and identified both the accused and the weapon used in the assault.
His wife and mother also testified that after hearing his cries, they saw him running towards the hospital while the accused was chasing him with the weapon in his hand.
The defence questioned the prosecution case on the grounds that the independent witnesses did not support the occurrence, the investigating officer had died during the trial and the victim's blood-stained clothes were neither seized nor sent for forensic examination.
The Court, however, held that lapses or defects in investigation could not by themselves result in acquittal when reliable oral, medical and recovery evidence established the charge.
It observed that the victim's testimony was natural and trustworthy and required no independent corroboration merely because other persons had not come forward to support the prosecution.
The Court said that in the present social environment, independent witnesses often avoid becoming involved in criminal cases because of hostility, pressure or fear.
Rejecting the plea that the offence did not amount to attempt to murder as no injury was caused to a "vital part", the Court held that intention has to be gathered from the weapon used, the part of the body targeted and the nature and number of blows.
It noted that the accused had repeatedly struck the victim with a sharp weapon on closely situated parts of his face and neck, clearly demonstrating an intention to cause death.
While determining the sentence, the Court observed that punishment must be proportionate to the gravity of the offence. It declined to award life imprisonment but held that a sentence below 10 years would not meet the ends of justice.
The seized Dharat has been ordered to be destroyed after the expiry of the appeal period, while the convict's bail bonds have been cancelled.
APP Ritu Dubey appeared for the prosecution during arguments on sentence, while Advocate Pankaj Sharma represented the convict.
(JNF) |
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