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Court awards 7 yrs RI, fine in murder case 4/11/2015 1:10:36 AM Early Times Report Jammu, Apr 10 : Principal Sessions Judge Jammu RS Jain today awarded seven years rigorous imprisonment and fine Rs 5000 Kamal Singh u/s 304-II . According to the police case, on 28.7.2010, Gian Chand filed a written report in police station Channi Himmat, Jammu to the effect that he along with his family was sleeping in his room in Tankgar Bhagat Pura, Jammu and his father Khakhru Ram was sleeping in the Pooja room when at 12.30 during the night intervening 27/28-7-2010, on hearing a hue and cry, he went towards the pooja room where they saw an unknown person who with a sharp edged object had attacked his father and injured him seriously. The unknown person was apprehended on spot by him and his family members and on asking, the person gave his name as Kamal Singh. On receipt of this report, FIR No.100/2010 for offence u/s 307/457 RPC was registered in police station Channi Himmat, Jammu. During the investigation, the blood stained 'Trishul' was seized by the IO from the place of occurrence. Thereafter Khakhru Ram succumbed to his injuries and Section 302 RPC was added to the offence alleged in the FIR. On conclusion of the investigation, the IO found the accused Kamal Singh entered the pooja room with an intention to commit theft and during this period fatally injured Khakhru Ram and finding the accused to be guilty for offence u/s 302/452 RPC filed the present challan against the accused. Principal Sessions Judge Jammu RS Jain after hearing both the sides observed that the prosecution has failed to prove the case punishable under section 302 of the Ranbir Penal Code against the accused as necessary intention of causing the death or causing such bodily injury as is likely to cause death is not proved. When there is absence of intention to cause death or to cause such bodily injury as a likely to cause death, then the case is covered punishable under section 304 Part II of the Ranbir Penal Code. Accordingly accused Kamal Singh is held guilty and is convicted for the offence punishable under section 304 Part-II of the Ranbir Penal Code and awarded Seven years RI and to pay a fine of Rs.5,000/- and in default of payment of fine to undergo imprisonment for two months under Section 304 Part-II of the Ranbir Penal Code. (JNF)   Share This News with Your Friends on Social Network     Comment on this Story

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