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Accused awarded death sentence for murdering 3 innocent children
11/16/2009 11:55:14 PM
Early Times Report
Jammu, Nov16- 2nd Additional Sessions Judge Jammu Vinod Chatterji Koul today awarded life-imprisonment to accused Vijay Kumar Prithi Ram resident of Doyan Akhnoor for committing murder of three innocent children of his brother and also seriously injuring his brother and wife and their three year child.
After hearing Additional Public Prosecutor KA Qazi for the state and Advocate SC Subash appearing for the accused and also going through the case and statement of witnesses and referring Apex Court judgment, the Judge observed that the instant case is one where accused Vijay Kumar put an end to lives of three tiny tots of eight years, seven years and four years in front of their parents in a very diabolic while victims were sleeping without any provocation whatsoever from the victim’s side indicates the cold blooded and premeditated approach of accused to cause death of the victims. The brutality of act is amplified grotesque and revolting manner in which the helpless victims have been murder which is indicative of fact that the act was diabolic of most superlative degree in conception and cruel in execution and accused is not possessed of the basic humanness and completely lack the psyche or mid set which can be amenable for any reformation. If this act is not revolting or dastardly, it is beyond comprehension as to what other act can be so, the Court observed.
In the opinion of the Court the measure of punishment in a given case must depend upon the atrocity of the crime, the conduct of the criminal and defenseless and unprotected state of the victims’ imposition of appropriate punishment is the manner in which Courts respond to the society’s cry for justice against the criminals. Justice demands that court should impose punishment befitting the crime to reflect public abhorrence of the Crime. With these observations Court awarded death sentence to Vijay Kumar u/s 302 RPC and 10 years u/s 307 RPC with a fine of Rs 1000, 5 years u/s 326 RPC and one year u/s 324 RPC and also one year u/s 448 RPC and ordered that the all the sentences shall run concurrently.
According to the prosecution case on September 20, 2000 at about 2.15 hours Kaka Ram along with one Suraj Parkash lodged a verbal report with Police station Akhnoor that at about 1.15 AM during the night he suddenly heard the cries of one Kamlesh Kumari saying ‘save-save’, ‘killed-killed’ where upon complainant ran towards the house of Kamlesh Kumari and saw accused Vijay Kumar escaping from the house of Kamlesh Kumari, the complainant went on scene of occurrence and saw that some people had already assembled, where Kamlesh Kumari saying that her brother-in-law accused Vijay Kumar armed with Parthi has committed murderous assault on her husband and minor children and accused after murdering her family escaped from the scene of occurrence. Complainant saw three children namely Arjun age 6/7 years, Parkash age 4 years and Santosh Kumari age about 8 years lying in the pool of blood on their beds, Jia Lal Kamlesh Kumari and one minor child Ghulshan age three years were also lying in the pool of blood in seriously injured condition on their beds. The further story of prosecution that accuse Vijay Kumar younger brother-in-law of Kamlesh Kumari who had arranged marriage of accused with her sister Sudesh Kumari but the accused used to beat his wife often and she used to go to the house of her parents, upon which several times Kamlesh Kumari and her husband Jia Lal had managed to bring Sudesh Kumari wife of accused back to the house of the accused, but before occurrence the parents of Sudesh Kumari refuse to send back their daughter, upon which Kamlesh Kumari and her husband Jia Lal told the accused that he should himself bring his wife back to his home, which created motive in the mind of accused to finish the whole family of Kamlesh Kumari. A case u/s 302/307/448 RPC was registered against the accused and investigation started and during the investigation the Investigating Officer visited the scene of occurrence and took dead bodies of three deceased children for post-mortem and send the seriously injured Jia Lal minor child Ghulshan and Kamlesh Kumari for medical treatment to Khod Hospital and later on three seriously injured were referred to GMC Jammu for treatment. After completion of the investigation challan was presented in the Court of law u/s 302/307/325/323/324/326/448 RPC JNF.
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