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| HC relaxes senetence in Rajouri bakery murder case | | | Early Times Report
Jammu, Sept 01- Converting section 302 RPC (Murder) into section 304 –II RPC(culpable homicide not amounting to murder) the Jammu and Kashmir High Court awarded eight years imprisonment to accused Vyas Sharma who was convicted and sentenced to imprisonment for life by the Principal Sessions Judge Rajouri on March 20,2009.
A Division Bench of the state High Court comprising Justice Hakim Imtiyaz Hussain and Justice JP Singh in a significant judgment written by Justice JP Singh, while disposing off an appeal filed by the convict, referred various judgments of the Supreme Court and observed that appellant’s act of having taken breakfast with the employees including the deceased, too demonstrates absence of any pre-meditation. The evidence further reveals that he had no intention to do any act with intention of causing death of Surjeet Kumar or such badly injuries as was likely to cause death. The intention of the appellant not to cause the fatal injury, which has landed on the head of the deceased, appears to be reasonably probable in the absence of any evidence on record as to how had the occurrence actually originated. With these observations, Division Bench set-aside the appellant’s conviction and imprisonment for life u/s 302 RPC and convicted the accused u/s 304-II RPC and awarded custodial sentence of eight years which he has already undergone. The appellant is accordingly directed to be set to liberty forthwith if not required in any other case, the Division Bench ordered.
According to the prosecution case the deceased Surjeet Kumar alias Papu resident of Jamola along with his relatives came to Rajouri for purchase of items for the marriage of his sister. He was working as an employee with the Bakery Shop of Ajay Kumar and had left the job a month ago. On the day of occurrence he went to the bakery shop situated at City Chowk Rajouri. Besides Vyas Sharma, two other employees namely Madan Lal and Shakeel Ahmed were present there. Deceased asked Madan Lal for arranging breakfast in the workshop of bakery and Madan Lal served breakfast to all the employees working there. At that time deceased Surjeet Kumar and accused Vyas Sharma did not talk with each other. After taking breakfast accused lifted wooden rolling pin from the table and inflicted three/four blows on the head of the deceased whereby deceased became unconscious and fell on the ground and started bleeding from the head of the deceased. The accused fled away from the spot. Few persons shifted the injured to Rajouri Hospital but he succumbed to his injury in the hospital. During the investigation it was found that cause of enmity between accused and the deceased was the illicit relation of the deceased with the two sisters of the accused. Police on the completion of the investigation presented challan in the Court of law. JNF
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