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| DB modifies death sentence by life imprisonment in double murder | | |
Early Times Report
Jammu, Mar 25: Division Bench of J&K High Court comprising Justice Hakim Imtiyaz Hussain and Justice Ghulam Hasnain Massodi in a criminal appeal filed by Naresh Singh & Sanjay Singh who have been found guilty of committing murder of Dr. Uttam Chand Gupta and his wife Kamla Devi on July 8, 2001 at their residence Trikuta Nagar. First Additional Sessions Judge Jammu on May 14, 2003 convicted both the appellants u/s 302/34 RPC and sentence accused Naresh Singh to death with fine of Rs 10,000 and accused Sanjay Singh imprisonment of life with fine Rs 10,000. Court also convicted both the accused u/s 380 and awarded one year imprisonment with fine Rs 5000 each.
Aggrieved by the judgment, criminal appeal was filed in which the Division Bench modified the sentence and converted death sentence to life-imprisonment of appellant Naresh Singh and rest of sentence remains maintained.
According to the prosecution case that on July 8, 2001 SHO P/S Bahu Fort while on patrolling duty received a message from the police control room Jammu that some incident has taken place at House No 64, sector 6, Trikuta Nagar Jammu. The officer along with other police personals went to the house where recorded the statement of complainant Dr. Anil Kumar Gupta then posted as Supt PGI Chandigarh and reside their along with his family. On July 8, 2001, he came to Jammu to meet his parents.
While starting from Chandigarh at about 1:00 PM, he talked to his parents on mobile and told them that he will reach Jammu by 7:00 PM. When he reached Jammu and entered his house he could not get any response to the call bell but when he opened the door, he found his mother Kamla lying on floor with a Chader on her body, when he removed the chader he found his mother had grievous injuries and her throat was cut and she was found dead lying in a pool of blood.
When he went to the bedroom he found his father Dr. Uttam Chander Gupta also died and his throat was also cut, on recording the statement police registered a case and started investigation, after completion of the investigation challan was present in the court of law.
Court on May 14, 2003 awarded death sentence to accused Naresh Singh and life imprisonment to accused Sanjay Singh which was challenged by the both accused.
Division Bench after hearing Adv SK Anand and BS Manhas appearing for the appellants and Sr. Adv Sunil Sethi for the respondents referred the judgment of the Trial Court and also got through the material on the basis Trial Court awarded death sentence and life imprisonment.
This very important judgment written by Justice Hakim Imtiyaz Hussain for the Division Bench, observed that the medical evidence, finger print expert, forensic science evidence, disclosure statement and the recovery made in the opinion of the Division Bench supports and proves the prosecution case so far offence u/s 302/34 RPC is concerned, motive on the part of the appellants is evident, the offence was committed by the appellants in a preplanned manner. DB does not find any reason to differ with finding of the Trial Court in concerned on these offences.
DB came to sentence part, the Trail Court has convicted Naresh Singh u/s 302/34 RPC and imposed death sentence on him with fine as appellant Sanjay Singh has been convicted u/s 302/34 RPC and sentenced to imprisonment for life with fine.
Trial Court has given various reason for imposing death penalty on appellant Naresh Singh but keeping in view the fact whole case is based on circumstantial evidence, the case does not warrant death penalty on Naresh Singh, accordingly modify the sentence to this extent and imposed sentence of imprisonment for life inseatd of death sentence on appellant Naresh Singh, rest of sentence is maintained, Division Bench ordered. -----JNF
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