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| Court awards life imprisonment to two brothers facing murder trail | | | EARLY TIMES REPORT
Jammu, November-02:- Principal Sessions Judge Jammu Jang Bhadur Singh Jamwal today awarded rigorous imprisonment of life and a fine of Rs 10,000 each to two brothers namely Rattan Lal and Ashok Kumar sons of Dhani Ram who were facing trial for committing the brutal murder of Kulvandan Singh S/O Sagar Singh R/O Machine Domana.
According to the police case on April 5, 2004 at 6.45 PM Police Station Domana received a telephonic message that at Domana a scuffle had taken place between two parties and one person namely Kulvandan Singh son of Sagar Singh resident of Machine Domana had sustained injuries and had been evacuated to the hospital. Police recorded the statement of complainant/prosecutrix who narrated that at about 6.30 PM accused Rattan Lal son of Dhani Ram came outside her house and called her husband and her husband accompanied him along with another accused Ashok Kumar and her son also accompanied her husband. She kept watching from behind. Hardly had her husband reached a distance of 100 feet when accused Rattan Lal took him in front of his shop and immediately attacked her husband. On hearing noise, she immediately reached the spot and saw that Pappu, the accused was armed with Toka and Ashok accused was armed with Khokhri. Both the accused inflicted injuries on her husband with intent to do away with his life. Her husband was in a pool of blood and fell down. She immediately put herself upon her husband to save him. The accused inflicted injuries with legs and fists. Accused hit her with the back side of khokhri on her right hand. Neighbours also arrived on spot but nobody tried to save her husband. The accused on the basis of old enmity with her husband as the accused for the last 2/3 years on occasion of marriage of their sister had obtained a loan of Rs.10,000/ from her husband and when her husband requested them to return the same they refused to return. The request of her husband could not be acceded to and on the basis of this enmity accused Rattan Lal alias Pappu and Ashok Kumar sons of Dhani Ram resident of Domana in furtherance of their common intention attacked her husband to do away with his life. The accused having been armed with deadly weapons attacked her husband to do away with his life who is fighting with life having admitted in the medical college, Jammu. She was also admitted in the hospital along with her husband and had made the statement in full consciousness. On the basis of this report police registered a case under sec.307/34 RPC, 4/25 Arms Act and commenced investigation. The husband of the complainant had subsequently succumbed to the injuries on April 7, 2004 and police added offence under sec.302 RPC in the charge sheet and after completion of investigation the challan was presented.
Principal Sessions Judge Jammu Jang Bhadur Singh Jamwal after hearing both the sides observed that Court agreed with the plea of the Public Prosecutor that it would have been very painful for the children not to have saved their father being murdered in their presence and they were helplessness to save their father. The widow must have also been helpless at that time despite her best efforts laying herself over the deceased and trying to save him. But this aspect of the case does not constitute with the case falls in the category of rarest or rare case though number of blows given by accused and the manner in which they have committed the murder does not tilt the case in favour of rarest of rare case. The principles laid down by various pronouncement of High Court and the Apex Court of the country do not fit in the present case to implant extreme penalty. With these observations Court awarded rigorous imprisonment for life and fine Rs 10,000 each to Rattan Lal and Ashok Kumar and also ordered that they shall suffer rigorous imprisonment under sec.325 RPC for one year and a fine of Rs.5000/; shall suffer six months rigorous imprisonment under sec.323 RPC and a fine of Rs.1000/ and he shall also suffer rigorous imprisonment under sec. 4/25 Arms Act for one year and a fine of Rs.10,000/.
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