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| Murder of Leader of Awami Party | | Court awards life imprisonment to accused after 14 yrs trial | | EARLY TIMES REPORT
Jammu, October-22:- 2nd Additional Sessions Judge Jammu today awarded life-imprisonment to Ramesh chander @ Fouji who is facing trial in a murder case of Anoop Kumar leader of Awami Party.
According to the police case on January 30, 1997 P/S RS Pura lodged a FIR u/s 307/34 RPC and 3/25 Arms Act through their source. Accused persons namely Ramesh Chander alias Fouji s/o Dewan Chand, Rakesh Kumar @ Happy s/o Mohan Lal and Anil Kumar @ Kaka s/o Lekh Raj all resident of Mohkay on the basis of old enmity with criminal common intention and armed with lethal weapons came out in the village street near the house of Madan Lal and thereafter made murderous assault by firing on Anoop Kumar alias Pintoo s/o Madan Lal r/o Village Mohkay Tehsil RS Pura who was seriously injured and taken to hospital for treatment and succumbed to his injuries, thereafter section 307 RPC was converted into 302 RPC. Police after investigation the case presented challan in the Court of law.
2nd Additional Sessions Judge Jammu after hearing APP KA Qazi for the state and advocate ML Thusoo for the accused Ramesh Chander @ Fouji and referred a judgment of Bombay High Court while adopting the analogy has been held in the said judgment observed that facts and circumstances of the present case certainly irresistible conclusion can be drawn that murder as committed by the accused Romesh Chander @ Fouji seems to be outcome of earlier enmity existing between him and the deceased namely Anoop Kumar. He is considered as menace to the family of victim and not to the society at large. He cannot be any stretch of reasoning be considered as dreadended/ hardened criminal who lives on and for the crime. On consideration of his young age and family and other facts and circumstances of the case it can be said that mitigating circumstances have overweight the aggregative factors which resulted into sparing him from Gallows and case in hand does not fall within ambit of “rarest of rare” case for imposing death penalty. On the other hand rules is to sentence the convict of the murder punishable u/s 302 RPC for imprisonment for life. Accordingly accused Ramesh Chander @ Fouji is sentence to imprisonment and fine Rs 4000/. Court acquitted accused Rakesh Kumar @ Happy and Anil Kumar @ Kaka from the charges leveled against them.
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