UDHAMPUR, Aug 30: Two convicts have been sentenced to undergo Life Imprisonment in Udhampur by the Court of Principal Session Judge of Udhampur.
Group of People while speaking to Cross Town News appreciated the Judiciary and Udhampur Police.
The Part of Judgement by Principal Session Judge Haq Nawaz Zargar reads "The aggravating circumstances against the convict are:
(i) The convicts have committed the murder of helpless and armless, deceased being their nephew for a petty thing i.e. misappropriation of
box of tomatoes.
(ii) The offence of murder committed by the convict
seems to be pre-meditated one.
(iii) The convicts with common intention have
committed the offence by hitting on head of the deceased with Axe in a very inhuman and barbaric manner.
(iv) Deleterious impact of the crime on social order and human psyche added to the list of the aggravating circumstances. Nature of offence and manner of committing the crime aroused extreme resentment to the society in this case.
21. Balancing the aggravating and the mitigating factors and also taking
U.T of J&K vs Jolli Ram & Another Page 8 of 10
into consideration into the facts and circumstances of the case the convicts have committed the offence, in my considered opinion the case does not fall within the rare of the rarest cases and thus the extreme penalty should not be imposed. It is perfect case where the saying is appropriately applied that “the fence eats the crop”. The convict number 1 who was given land by the mother of the deceased for the purpose of safety, affection, love so that they all will stay in the nearby vicinity had killed her only son instead of protecting his sister and her family. The convicts had not thought for a second as what would happen to the mother, wife and minor kids of the deceased when they committed this gruesome and unpardonable offence.
22.Keeping in view the above facts and circumstances into consideration the sentence of life imprisonment will be most appropriate punishment to be passed against the above named convicts in this case, so far as the commission of the murder of deceased by the convicts.
23. Accordingly, convict namely Jolli Ram S/o Teju R/o Moori Naal Bashat, Tehsil Chenani and District Udhampur is punished for commission of offence under section 302 RPC read with section 34 RPC and is sentenced to undergo life imprisonment, similarly convict Thakri Devi W/o Joli Ram R/o Moori Naal Bashat, Tehsil Chenani and District Udhampur is punished for commission of offence under section 302 RPC read with section 34 RPC and is sentenced to undergo life imprisonment. Both the convicts are also sentence with fine of Rs. 50,000/- each and the same shall be paid as compensation to the kids of deceased Mohan Lal. The sentence ordered above has been conveyed to the convicts in the open court and both are appraised of this sentence in presence of Amicus Curiae."
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