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Murder accused gets life sentence
11/15/2015 12:25:51 AM
Early Times Report
Jammu, Nov 14: Principal Sessions Judge, Udhampur, R S Jain today awarded life imprisonment to Shonku Ram who was facing trial in a murder case.
Due to an old enemity, he was alleged to have attacked Jalla on November 22, 2010 at Kail Bhardai, that falls under the jurisdiction of Majalta police station in Udhampur, with a sharp-edged weapon on his head, causing him critical injuries. Though he was hospitalised, he succumbed to his wounds on November 23, 2010.
The statement of Jalla could not be recorded by police since, as per the doctor, he was incapable of making a statement. During investigation, police recorded the statements of witnesses and also seized the weapon of offence. A challan was then presented in the court of law against the accused who was booked under section 302 of RPC.
The judge, after hearing both the sides, observed that the accused in a deliberate and calculated manner inflicted more than one wound on vital part of the victim's body which resulted in his death. He committed the offence knowing it to be so imminently dangerous that it must in all probability cause death, or such bodily injury as is likely to cause death and committed the offence without any excuse for incurring the risk of causing death or bodily injuries.
The accused is not covered by any of the Exceptions to Sec.300 RPC and the act of the accused resulting in death of Jalla Ram is a murder punishable under section 302 of RPC.
It is a settled proposition that in awarding sentence in our civilised society, a reasonable proportion has to be maintained by the court between the heinousness of the crime and the punishment. The sentences are imposed to reflect the seriousness of the crime, to promote respect for the law, to provide just punishment for the offence, to afford adequate deterrent to criminal conduct and to protect the community from further similar conduct. In awarding sentence, the court must look in to the crime, the victim besides the circumstances of the criminal and the impact of the crime on community.
With these observations, the court ordered that accused Shonku Ram, son of Kundi Ram of Kail, Majalta, is sentenced to undergo imprisonment for life and a fine of Rs 6000 for offence under section 302 of RPC in causing the murder of Jalla Ram. (JNF)
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