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| Court awards life-imprisonment in murder case | | | Early Times Report
Jammu, Jan 29: Principal Sessions Judge Samba RN Wattal has awarded death sentence to Babu Ram alias Kala who murdered one Shamsher Singh.
Principal Sessions Judge Samba after hearing both the sides observed that evidence brought on record by the prosecution regarding complicity of accused Babu Ram in the murder of Shamsher Singh is convincing, beyond any shadow of doubt, the offences /shown to be proved having committed murder by the accused Babu Ram. However, the prosecution has miserably failed to prove complicity of another accused Veena Devi in the commission of crime, same is doubtful, benefit of doubt as per criminal jurisprudence is given to the accused Veena Devi who is acquitted of the charge and her bail bonds stand discharged. Accused Babu Ram is held guilty for commission of offences U/S 302 of RPC.
Principal Sessions Judge Samba RN wattal after hearing both the sides observed that the crime here is the murder of an innocent person, particularly heinous crime, a crime against humanity. The penal statute has prescribed punishment for offence of murder for life or capital punishment and to view such offences once proved lightly is itself an afferent to humanity.
Though there is discretion to the court to award a less sentence than minimum, adequate and special reasons decide the discretion. The discretionary power cannot be used indiscriminately or routinely. Same has to be used sparingly in cases where special facts and circumstances justify a reduction.
The justifiable reason given by the accused herein for reduction in sentence or pardon him is that convict is a young man and has children to be maintained by him and he is the only bread earner of his family. The convict is not a professional criminal and there is no criminal history at his past. As a young man, his mind has been perverted and was having an extra marital affair. No ground has been put forth before me, which would warrant imposing extreme penalty on the convict. There are only two types of punishment for offence under section 302 RPC i.e. life Imprisonment or death penalty. Death sentence can be imposed only in rarest of the rare case and case in hand does not fall in the category of rarest of rare case. The convict, is as such, sentenced to undergo life imprisonment for the commission of offence u/s 302 of RPC subject to the confirmation from the High Court. JNF |
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