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| Bhabi’s killer gets life term imprisonment | | | Early Times Report
Ramban, Jan 28- Principal Sessions Judge Ramban Bala Joyti today awarded rigorous imprisonment for life and fine Rs 10,000 to accused Mohammed Baksh son of Salah Mohammed of Budhan ,Tehsil Gool, who was facing trial in the murder of his real brother’s wife over a dispute of land.
According to the prosecution case on September 20, 2005 accused first beat up Rakheela Akhter wife of Mohammed Mansa of Budhan Tehsil Gool near his house and thereafter took her in the house and committed murder with an axe for a land dispute with his brother, the husband of the deceased.
While awarding rigorous life-imprisonment and fine of Rs 10,000 to accused Mohammed Baksh, the Judge after hearing Public Prosecutor GN Manhas for the state and Advocate AR Mushtaq (amicus-curie) for the accused, referred various judgments of the High Court and Supreme Court and also going through the statements of the witnesses and police, observed that the Court have given anxious consideration to the facts and circumstances of this case. Although the accused belongs to a labour class and hails from the backward area of this State, yet the manner in which he has done away the life of an innocent woman of his own family (Brother’s wife) does not call for any indulgent treatment. Whereas the duty of law courts is to take reformative steps, it is equally the duty of the courts to maintain deterrence to those creating sinister awe in the society. The act of the accused is such as would call for severe punishment. In the present case, in view of the Court, though the murder is gruesome, but taking the facts and circumstances in consideration crime committed by convict does not satisfy the above tests and propositions and it is difficult to say that case falls within the ambit of the ‘rarest of rare’ case. In the circumstances in which lady “Rakheela” has been murdered certainly cannot be classified as a case of the ‘rarest of rare’ species and hence the accused cannot be awarded capital punishment prescribed under section 302 RPC and sentence of life imprisonment for offence u/s 302 RPC would be adequate. He is, however, sentenced to undergo rigorous imprisonment for life and pay a fine of Rs.10, 000. In default of payment of fine, the accused shall further suffer imprisonment for one year, the Court ordered. JNF
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