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news details
Court awards life-imprisonment to murder accused
10/23/2020 10:10:27 PM
Early Times Report
JAMMU, Oct, 23: Principal Sessions Judge Reasi Kamlesh Pandit today awarded life imprisonment to accused Sham Lal for killing his aunt.
Brief facts of the case as disclosed by the challan are that on 15.09.2012, one person namely Lal Chand S/O Baghu Ram R/O village Bhagta (PW-1), a member of VDC, informed police station Katra that the accused person namely Sham Lal on the basis of family feud, killed his aunt namely Pushpa Devi, wife of Dewan of Bhagta with a sword near Petrol Pump Bhagta and fled from the spot along with the sword and the dead body was lying on the spot. On this information, case under FIR No.223/2012 u/s 302 RPC read with section 4/27 Arms Act, came to be registered with police station Katra.
Principal Sessions Judge Reasi Kamlesh Pandit after hearing Public Prosecutor RB Bandral for the UT whereas Adv VK Sharma for the accused observed that it is a case of murder of an aunt committed by her unbridled nephew without any grave and sudden provocation. The law stands settled that the sentence of death is to be imposed in what is described as rarest of rare cases. No statutory definition of the term is available. The circumstances of the case do reveal that it was a horrifying murder and victim was much older than the accused and the murder was committed without any grave and sudden provocation. The accused person disregarded the noble relation. The case in hand is almost on the border of the rarest of the rare cases. The circumstances of the case on record do not constitute this to be a rarest of rare case.
In the considered opinion of the court, the interest of the justice would be sub served in case the convict is sentenced to imprisonment for life. Accordingly it is ordered that the convict shall undergo imprisonment for life for the commission of offences u/s 302 of RPC and a fine of Rs 5000. Also the convict shall undergo rigorous imprisonment for three years under section 4/27 Arms Act and fine of Rs 1000. Both the offences shall run concurrently. —JNF
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