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| Lfe-imprisonment awarded to three accused | | | Early Times Report
Jammu, Dec 23: Setting aside the trial court award of life imprisonment to three accused involved in the killing Vineet Kumar Mahajan, a businessman on September 19, 2001, the Division Bench of Jammu and Kashmir High Court today acquitted the two accused real brothers from the charges and also set aside the conviction u/ 302 of Subash Chander, Police Cop and convicted him u/s 304-I RPC. However, his conviction u/s 27 of the Arms Act shall remain undisturbed, the Court ordered.
Disposing an appeal filed against the trial court order, the Division Bench comprising Virender Singh and Justice Mohammed Yaqoob Mir observed that since the main offence has been diluted to section 304-I RPC, the ends of the justice would adequately be met if he is sentenced to rigorous imprisonment of 10 years. However, the fine of Rs 10,000 imposed upon him by the Trial Court is enhanced to Rs 1 lakh and in default he shall further undergo RI for one year. In the event amount of fine being realized, a sum of Rs 75000 shall be disbursed to the complainant party. The sentence already imposed u/s 27 Arms Act shall remain intact and both sentences awarded for different offences would run concurrently.
All the three accused namely Subash Chander a police cop, Raghbir Pal and Surinder Pal real brothers, were convicted and awarded life-imprisonment u/s 302/34 RPC with fine Rs 10,000 each while accused Subash Chander was also convicted u/s 27 Arms Act and sentenced to undergo RI for a period seven years and fine Rs 2000. Against this judgment all the three convicts filed appeal.
After hearing Advocate DS Parihar appearing for the police cop and senior Advocate Sunil Sethi appearing for the two brothers and considering the statements of the witnesses and going through the prosecution case, the DB referred a judgment of the Apex Court title Raj Pal & Ors VS State of Haryana and observed that following the ratio of the Apex Court judgment and after appreciating the entirety of facts of the case in its right prospective, the Divisions Bench is of the considered view that it would fall within the mischief of section 304-I RPC only against accused Subash Chander (police cop) and not one punishable u/s 302 RPC, for which he already stands convicted by the Trial Court.
DB further observed that the criminal appeal filed by Raghbir Pal alias Bagga and Surinder Pal alias Bittu stands allowed and they are acquitted of all the charges. As they are stated to be in custody, they shall now be released forthwith, if not required in any other case. With these observations DB partly allowed the appeal filed by constable Subash Chander and disposed off the conformation filed by the Trial Court
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