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| Court awarded life-imprisonment, Rs 50,000 fine to three accused | | JDA Complex double murder | | Early Times Report
Jammu, Oct 22: Principal Sessions Judge Jammu BL Bhat today awarded life-imprisonment to Balwan Singh son of Bashesher Chand of Janipur Jammu, Gandharb Singh son of Amir Chand of Channi Himmat and Dev Raj SGC son of Kirshan Lal of Gole Patta Gajansoo u/s 302 RPC and also sentenced to suffer rigorous imprisonment of five years each u/s 307 and 326 RPC. Rs 50,000 from each shall be recovered from their estates in the prescribed manner, unless deposited within two weeks.
According to the prosecution a case on April 24, 2001 Inspector Shamsher Singh Parihar then SHO Police Station Bahu Fort Jammu recorded the statement of injured Sanjeev Kumar son of Dev Raj of Jeevan Nagar in GMC Jammu where the injured was admitted. In his statement injured Sanjeev Kumar stated that he is a transporter, on the day of incident he went to General Bus Stand in connection with transport work, where he met with Pardeep Kumar Gupta alias Deepa son of Mani Ram of Talab Tillo Jammu who was also a transporter at General Bus Stand. Deepa told the complainant as well as Kamal Raj alias Papu son of Kundan Lal of Narwal Paien to accompany him to JDA office Panama Chowk Jammu, Complainant and Kamal Raj accompanied Deepa to JDA Office. It was 11:30 AM, when all three were at the first floor of the JDA complex and were talking to each other, at the same moment, Balwan Singh, Gandharb Singh accompanied by a PSO who was having AK-47 rifle with him appeared there and accused Balwan Singh who was having enmity with Pardeep Kumar, Kamal Raj and complainant with regard to transport business, started abusing Pardeep Kumar and on objection to it by Pardeep Kumar, Gandharb Singh started beating Pardeep Kumar, on this, complainant and Kamal Raj intervened in order to rescue Pardeep Kumar, Balwan Singh & Gandharb Singh shouted and asked their PSO who was in uniform that he should start firing from his AK-47 rifle and kill them whereas accused Balwan Singh snatched a 12 bore rifle from the hands of Gandharb Singh. On hearing the command of Balwan Singh and Gandharb Singh PSO opened fire upon complainant Pardeep Kumar and Kamal Raj. The complainant Pardeep Kumar and Kamal Raj fell down in injured conditions and were bleeding profusely. Accused Balwan Singh beat the complainant with the butt of 12 bore rifle while he was laid on the ground, both the accused Balwan Singh and Gandharb Singh dragged the complainant and threw him out from the window. He reached up to the road by crawling and from their reached at Railway Station by auto and from their, his driver Bakshi took him to GMC Jammu. Legs of the complainant have broken, whereas Pardeep Kumar and Kamal Raj succumbed to their injuries in the hospital, besides one employee of the JDA had also been admitted in the hospital due to the firing. Police after investigation arrested the accused persons and after completion of the investigation challan was presented in the Court of law. It is worthwhile to mention here on October 5, 2009, then Principal Sessions Jammu S S Sarangal convicted above said accused in much publicized double murder case which took place on October 24, 2001 in the JDA Complex Panama Chowk in which accused committed murder of Pradeep Kumar and Kamal Raj and seriously injured Sanjeev Kumar.
BL Bhat Principal Sessions Judge Jammu after hearing Special Public Prosecutor Sr. Adv Sunil Sethi appearing for the State and battery of lawyers appeared for the accused persons and referred various judgments of the Supreme Court of India and High Court of J&K observed that the deceased and the accused persons namely Balwan Singh and Gandharb Singh as both parties were bent upon to take over the possession KMD’s counter by hook or crook which ultimately led to the murder of deceased. It emerges from record that the deceased and the accused belonging to two rival fashions were hell bent upon KMD counter by all means fair or foul. Carrying of PSO sympathizer to press their claim in respect of said counter before authorities of JDA, reveals that the accused Balwan Singh and Gandharb Singh were prepared even go to any eventuality. However, the element of brutality and depravity on the part of the accused is not of such a nature so as to capital punishment. Accused PSO is proved to have exceeded his duty in extending protection to Gandharb Singh with whom he was attached as PSO. He sprayed bullets on the deceased. It has been found that there was preplanning and accused shared common intention to kill the deceased. Besides accused Dev Raj PSO being armed with AK-56 rifle, accused Balwan Singh was holding a 12 bore gun; however there is clear finding on the point that deceased died in consequence of bullets sprayed from AK-56 rifle. Use of any other fire arms in causing fatal and non-fatal injuries ruled out. Accused Balwan Singh is about 60 years of age while accused Gandharb is more than 50 years old, accused Dev Raj claims to be about of 40 years of age. No past conviction has been proved against accused persons. The accused claimed to be the only bread winner of their respective families. Court is of the firm belief that life sentence is the appropriate punishment commensurate with the gravity of offence of murder. With these observations awarded life-imprisonment and fine of Rs 50,000 to each accused and u/s 307 and 326 RPC the accused are sentenced to undergo imprisonment for five years, Court said that all the sentence run-concurrently. JNF
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