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| HC modifies life-imprisonment to 10 years in murder case | | | EARLY TIMES REPORT
Jammu, Jan: 01:- Division Bench of J&K High Court Jammu Wing comprising Justice JP Singh and Justice Sunil Hali has modified the life-imprisonment and fine Rs 20,000 awarded by Sessions Judge Udhampur to accused Raj Singh for allegedly murdering his aunt. He had also caused injuries to his sister-in-law. Upsetting the conviction u/s 302 RPC the accused was convicted u/s 326 RPC and sentenced to 10 years imprisonment and fine Rs 5000/-. This significant judgment was passed in a confirmation of judgment of Sessions Judge.
The court observed that Raj Singh-accused has not appealed u/s 302 RPC and rightly so because in view of the evidence of Pushpa Devi, the injured eye-witness and other eye-witnesses there is no scope for interference of the accused and sentenced U/Ss 325 and 323 RPC whereas the Trial Court awarded five years RI and Rs 5000 fine u/s 325 RPC and RI of one year & fine Rs 1000/- u/s 323 RPC.
Division Bench after hearing Additional Advocate General Gagan Basotra for the State and Advocate Anil Khajuria appearing for the convict ordered that the sentence under sections 326/325/323 RPC shall run concurrently.
In the year 2004 one Bansi Lal, the brother of the accused, lodged a complaint with the police Station Panchari, the case under FIR NO 23/2004 was registered u/s 302/307 RPC and lodging of a Charge-Sheet under Sections 302, 307, 376/511 RPC against the accused in the Court of Chief Judicial Magistrate, Udhampur, which is committed it to the Sessions Judge, Udhampur, where the accused was tried for charges under Sections 302, 307 and 376/511 RPC. According to the charge the accused had attempted to commit rape on Pushpa Devi, his sister-in-law, the trial Court found him guilty only of committing the Murder of Rano Devi, his aunt, besides causing voluntary grievous hurt to Pushpa Devi, his sister-in-law and awarded life-imprisonment which is modified the Division Bench of the J&K High Court. JNF
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