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| Son gets life-imprisonment for murdering father | | |
Early Times report
Kathua, Apr 29: Principal Sessions Judge Kartar Singh awarded rigorous life-imprisonment and fine Rs 5000 to Yash Pal son of Moti Ram of Village Ucha Pind Tehsil Billawar District who was facing trial for committing murder of his father in the month of January 2004. Principal Sessions Judge after hearing both sides observed that it is the case of the prosecution that the accused lived separately from his father and he regularly quarreled with him for getting more land. The accused is a vagabond and as such, his father was not willing to give him land with the apprehension that he would sell the same and for the said reason, their relations were not cordial. This fact has been proved by almost all the prosecution witnesses. For the said reason, he always quarreled with his father and on the fateful day of January 15, 2004, he forcibly took him towards 'Bowli' side where he tied a rope of his underwear in his neck and dragged him as a result of which he died.
Moreover it is well settled that when the prosecution case rests on the statements of the eye witnesses, motive is immaterial. Court further observed that it is to be determined as to whether the offence committed by the accused falls in any of the clauses of section 300 of Ranbir Penal Code or amounts to culpable homicide not amounting to murder as provided under section 304 RPC. It has come in the prosecution evidence that the accused was not having cordial relations with the deceased. Abdomen of deceased was swollen due to dragging and he became unconscious but even then the accused did not leave him and in order to ensure his death, he inflicted injuries on his head with a stone. In view of such an evidence brought on the record by the prosecution, it is established that the accused had the intention to either cause death or such bodily injury as was likely to cause death and as such he has committed an offence falling under section 302 RPC. The medical evidence has also proved the fact that the deceased died due to asphyxia from the throttling leading to cardio-respiratory arrest. In view of the above discussion, Court held that prosecution has succeeded in proving its case against the accused beyond reasonable shadow of doubt and is awarded rigorous imprisonment of life and fine Rs 5000/- (JNF)
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