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| Court awards death penalty to advocate for committing murder of pregnant wife | | | EARLY TIMES REPORT
Jammu, October-08:- Principal Sessions Judge Jammu Jang Bhadur Singh Jamwal in a historical judgment has awarded death penalty to advocate Subash Chander s/o Milkhi Ram r/o Village Parngoli Tehsil Hiranagar District Kathua who committed murder of his pregnant wife on September 9, 2001.
During the Course of enquiry, the accused admitted before the SHO, P/S Nagrota that due to certain differences between him and his wife, he wanted to get rid of her and on the fateful day, when his wife started taking bath near Harki Pouri, he pushed her into the river Tawi resulting in her death and in order to evade action under law against him, he concocted the story that his wife drowned near Tawi Par Bagh while taking bath in the river. He visited that spot intentionally in order to create evidence in his favour to throw dust into the eyes of investigating agency. After completion of investigations, challan had been presented in the Court of law.
While awarding the death penalty Principal Sessions Judge Jammu Jang Bhadur Singh Jamwal after hearing Public Prosecutor Shabir Ahmed appearing for the state whereas advocates VB Gupta, Raghu Mehta, TR Gupta and YP Sharma for the accused and accused in custody also present and gone through the case and also referred the various judgments of the Supreme Court of India , the judge observed that The accused/convict has been a practicing advocate till he was arrested in this case and was very well aware about the consequences of the offence he was going to commit, however, he so nicely executed the plan that he even tried to project the murder in a shape of accidental death . Though for the reasons discussed that a person may be useful to the society but at the same time, the deceased was also a teacher in a School and was an asset and loved by the society. The act of the accused has shaken the conscience of the court and has extended a rein of terror amongst the women folk. The accused/convict has committed the breach of trust with his own profession and spread a message in the society that whenever the parents of a girl to marrying her with an advocate will think twice to do so. In case this type of person is treated leniently, certainly the womanhood will be shattered and will lose confidence in the criminal administration of justice system. All the prosecution witnesses and is also an admission of the accused that the deceased was lastly seen in the company of the accused and thereafter nobody has seen her alive and forcibly was drowned by the accused in river Tawi. The Doctor, who conducted the autopsy, has categorically stated that the deceased at the time of death was pregnant and was carrying a male placenta of 17 cm and it has been proved that the accused did not even bother to have a mercy on the deceased that she is carrying a placenta and is likely to deliver a child. Though the law does not recognize the unborn child for the criminality committed by the accused, however, it is a matter of great conscious and concern that the deceased has been killed by the accused while she required an extra care to be taken of.
The court further observed that the accused of course is not a harden criminal but at the same time is a cunning killer. He has committed a murder of that woman on whom he was dominant and she was incapable of her defence. The aforesaid rulings do favour in implanting of extreme penalty in such cases where the murder has been committed is a woman and a pregnant woman in particular. Admittedly, the woman was carrying a male placenta of 17 cm long, meaning thereby its approximate biological age may be nine months and a full fledged complete matured baby was also expected to come out and see life which has been terminated by the dastardly act of the accused/convict. This case has emanated and projected the story of despicable betrayal of connubial trust by a wife against her husband and the lust for getting rid of the wife has put a wedge in between their relationship. Court presumes was a greatest betrayal which the accused could have projected and Court satisfied that there is no possibility of the accused/convict being reformed and in case, he is 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 therein. The offence committed by the accused was so uncommon that he made a plan first and thereafter executed so nicely knowing the ways and means to demolish the prosecution case and projected it as an accidental death. With these observations Court awarded extreme penalty and ordered that accused/convict Subash Chander S/O Milkhi Ram R/O Village Parngoli Tehsil Hiranagar District Kathua shall be hanged by neck till death and also fined the sum of Rs. 10,000/- u/s 302 RPC. He shall also suffer an imprisonment for one year and also fined the sum of Rs. 1,000/- u/s 498-A RPC.
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