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| Life imprisonment to SP Sewak Singh, PSO Satpal | | | ET Report
Jammu, Feb 6: 2nd additional sessions judge Subash C Gupta today awarded life imprisonment to SP Sewak Singh and his PSO Satpal Singh alias TT for committing the murder of PSI Ajay Gupta.
Awarding the sentence, the judge observed that going by the facts and circumstances of the case, certainly irresistible conclusion could be drawn that the murder, as committed by Satpal Singh, seemed to be the outcome of the criminal conspiracy between him and Sewak Singh. Earlier enmity between Sewak and Ajay Gupta was the reason behind the hatching of the criminal conspiracy for eliminating the PSI. They were as such considered menace to the family of the victim and not to the society as a whole.
They could not, by any stretch of reasoning, be considered as hardened criminals who lived on and for the crime, the judge said.
Also, Satpal, by no stretch of reasoning, be termed either as an ' encounter specialist' or 'contract killer'. There seemed to be no other consideration for executing the task of murder by Satpal, as assigned by Sewak, than being swayed away by the exploitation made by the latter, touching his religious sentiments and emotions.
On consideration of these facts and circumstances of the case, it could be said with certainty that the circumstances had overweighed the aggregative factors which resulted into sparing them from gallows.
Certainly, they are required to be given a chance to repent and reform themselves while undergoing life imprisonment which was ordinarily considered till the life of the convict. Heinous and gravity of the offence as committed by the accused in the present case, would be sufficiently avenged by imposing alternative sentence of "Transportation of Life". It is settled principle of law that imprisonment for life and fine is a rule and death penalty is an exception for the commission of offence of murder punishable under section 302 of RPC, he said.
The court said that the case also did not fall in the rarest of the rare category. Hence the accused are convicted for commission of offences punishable under sections 302, 120-B and 201 of RPC. Accordingly, Sewak Singh of Colonel Colony and Satpal Singh of ward No 1, Poonch, are hereby separately sentenced to imprisonment for life and a fine of Rs 4000 for the commission of offence under sections 302 and 120-B of RPC.
In default of the payment of fine, defaulter/defaulters shall further undergo simple imprisonment for six months. Simultaneously, each of the accused is further sentenced to undergo a simple imprisonment for two years and fine of Rs 2000 for the commission of offence under section 201 of RPC. In default of payment of fine, defaulter/defaulters, shall further undergo simple imprisonment for three months. Both the sentences shall run concurrently. Court clarified that sentences as imposed shall not be executed till their confirmation by the high court. |
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