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Court awards lifer to murder accused | | | Early Times Report
JAMMU , Jan 31 : Principal Sessions Judge Jammu Jang Bhadur Singh Jamwal today awarded life-imprisonment and fine Rs 10,000 to accused Simon alias Sonu S/o Yunus Masshi,R/o Christian Colony, Jammu, Darshan Gill S/o Allaha R/o Christian Colony, Jammu & Suram Chand alias Surma S/o Tunda Ram, R/o Baw-e-wali Gali, Jammu who were facing trial in a murder case of Shakti Kumar Gupta in the year of 2002 for forcibly demanding money. According to the prosecution case , on February 4, 2002 at 6:45 PM, when deceased Shakti Kumar Gupta was sitting on his grocery shop, one boy Simun alias Sonu accompanied with Darshan Gill and Suram Chand alias Surma came on the shop of the Shakti Kumar and asked for the money forcibly. All the accused dragged him outside and grappled with him and Darshan Gill and Suram Chand caught hold of Shakti Kumar Gupta , Simun alias Sonu with intend to kill Shakti Gupta, brought out the Kirch and inflicted the blows of the kirch one after the other on the belly and the chest , arms of the said Shakti Gupta. The accused ran away from there leaving Shakti Kumar on pool of blood, who fell down on the ground and succumbed to the injures on spot. Police after completion of the investigation presented the challan under section 302 RPC against the accused. The Court after hearing Special Public Prosecutor Senior Advocat Sunil Sethi for the state whereas Advocate PN Goja for the accused observed that the sentence option cannot be permitted to be exercised by the public. The public elects the legislators who frames the law for whole of the country but have no authority to frame a strength jacket formula for implanting the conviction. There are only law courts who have the authority to interpret or provide guidelines for infliction of extreme penalty or the life sentence. The act of the accused is though for the ransom of penalty amount still is not barbaric or diabolic which invites the imposition of extreme penalty. The case in hand does not fall in the category of "rarest of the rare case". Though the death penalty has been validated by numerous pronouncements of the High Court and the Apex Court of the Country still the qualitative rider the case falling into the category of rarest of rare case. With these observations Court awarded life-imprisonment to Simon alias Sonu S/o Yunus Masshi,R/o Christian Colony, Jammu, Darshan Gill S/o Allaha R/o Christian Colony, Jammu & Suram Chand alias Surma S/o Tunda Ram, R/o Baw-e-wali Gali, Jammu and fine Rs 10,000 to each. JNF |
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