Excelsior Correspondent
JAMMU, Sept 11: Principal Sessions Judge Jammu, Kartar Singh today awarded five years imprisonment and fine of Rs 10,000 under Section 304-II RPC (culpable homicide not amounting to murder) to Ram Singh, son of Kali Singh of Reasi.
According to the police case, on December 14, 2008, accused inflicted injuries on the abdomen of Soba Ram over an old enmity resulting into his death on the spot. After investigation, the final report was submitted in the court of CJM Reasi, who committed the case to the court of Sessions Judge for trial of the accused from where it was transferred to the court of Principal Sessions Judge Jammu by the order of High Court dated May 22, 2013.
After hearing both the sides and going through the case, Principal Sessions Judge observed, “the principle laid down by the Apex Court is squarely applicable to the facts of the instant case. Therefore, there is no hesitation to hold that the accused is liable to be convicted only under Section 304 (II) RPC”.
“It appears that the statement of the accused was recorded under the provisions of Section 342 CrPC on March 2, 2012 and at that time he has shown his age as 23 years. He committed the offence in the month of December 2008 and at that time he might be of the age of 18 years”, the court said, adding “the offence was committed in a heat of passions and was not intentional or pre-meditated. The accused is only a first offender and has a clean record. There is no history of previous crime to his credit”.
Taking into consideration all these extenuating circumstances, the court sentenced the accused to undergo rigorous imprisonment for the period of five years under Section 304 Part-II RPC.
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