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`Hang accused by neck till death’ | Bholla murder case | | Early Times Report Kathua, March-01 (JNF):- The wait for justice ended for the family of Yash Paul, a royalty contractor after sixteen years today when the court of Sessions Judge held all the accused guilty of murdering him. All the accused were awarded death penalty. The learned judge Jang Bhadur Singh Jamwal today awarded death penalty to Six accused who had murdered Yash Paul Singh @ BHolla a royalty contractor on broad-day light on April 7, 1995 and ordered that all the accused hanged by neck till death. In the landmark judgment, the court convicted all the six accused namely Jagvinder Singh @ Pappi s/o Jagjit Singh r/o ward NO 11, Kathua, Varinder Kumar alias Moaun s/o Bishan Dass r/o Nagri, Jasbir Singh alias Jassi s/o Raj Singh r/o Kathua, Ram Nath Raina @ Natha s/o Girdhari Lal r/o Kathua, Gurdeep Singh @ Kali s/o Harbhajan Singh r/o Swan Chak Kathua and Ajay Kumar @ Kalu s/o Bal Krishan r/o Kathua whereas one of the accused namely Sukhdev Singh died during the trial. The court while awarding death penalty to six accused referred various judgments of Supreme Court of India and Court is satisfied this is a “Rarest of Rare Case” and is uncommon from the ordinary offence committed herein. The accused/convicts have been the member of unlawful assembly right from the start of offence till they eliminated the deceased and cut him into pieces. The blows inflicted brutally have shown the animal intent of the accused convicts to have committed such a dastardly act. The case of the accused convicts cannot be excluded from the category of “rarest of the rare case”. There is no possibility of the accused convicts being reformed and in case they are permitted to remain on the earth, there is every likelihood that the people may lose faith in the courts for not punishing the accused as per the offence committed. The deceased was a helpless person was cordoned by the accused and when he broke upon the cordon and escaped in the residential quarter of AEE of PHE complex to save his life, the accused did not stop there and chased him up to the residential quarter of AEE PHE, broke open the door and inflicted the fatal injuries having joined together. The cut into pieces the deceased, the deceased inflicted the blows which in an ordinary course were sufficient to cause the death of a person and finally a gun-shot being fatal in nature. The murder was convicted in a broad day light sending a reign of terror amongst the members of the society. The manner in which the murder has been committed was extremely brutal, grotesque, diabolical, revolting and dastardly manner so as to arouse intense an extreme indignation of the society at large. The murder of the deceased has been committed to earn gain as both the accused as well as the deceased were trying to obtain the contract of Royalty and the accused had a motive which evidence total depravity and meanness. All the accused conspired together and committed cold blooded murder with a deliberate design to send a reign of terror to the other contenders and take over the control of the entire royalty contract business and remained in a dominating position. The accused have committed murder and the conscious if the society has been shattered. All the accused were glove in hands at the time when the committed the murder. Without each other assistance, the dastardly act could not have been possible. The accused have disturbed the sleep of persons in and out-side the locality. The best course now for the Court will be to make them to sleep so that the others sleep should not be disturbed. The court ordered all the six accused be hanged by the neck till death. The court also imposed a fine of Rs 5000 each and imprisonment of five years under section 148 RPC. They also suffer imprisonment for five years and fine Rs 50000/- u/s 149 RPC, they also suffer imprisonment for one years and fine Rs 1000/- RPC. JNF JNF/MARCH/01/2011/1 |
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