Culpable homicide not amounting to murder
Excelsior Correspondent
JAMMU, Mar 23: Principal Sessions Judge Bandipora Amit Sharma has awarded seven years rigorous imprisonment to Mohammad Ramzan Dar and Mohammad Yousuf Dar, sons of Ghulam Mohi-ud-din Dar of Ilahipora Aloosa, who were facing trial in 304-II RPC (culpable homicide not amounting to murder).
The case of the prosecution was that on 13/11/2016 Police Post Aloosa received an information from the reliable source that at Gurdal, two parties namely Abdul Rehman Dar, son of Mohammad Sultan Dar of Illahipora Aloosa and Mohd Ramzan Dar and Mohd Yousuf Dar, sons of Gh Mohi Ud Din Dar of Illahipora Aloosa were having some dispute over Aabi-awal land, on the day of occurrence.
Abdul Rehman Dar was attacked on his head by the other side leading to his death. After completion of investigation challan was presented.
After hearing both the sides, the court observed, “the nature of the crime committed and the manner in which it was committed can be decisive factors to decide as to whether corrective measures should be adopted or a deterrence based approach would be befitting”.
“The sentence must adhere to the principles of proportionately of the punishment to the gravity of the offence. As the injury was inflicted on the vital part of the body of the deceased, undue sympathy and unwarranted leniency impair the cause of justice”, the court said, adding “as the act of the accused persons falls under the category of 304 (II) RPC and this Section provides the maximum punishment which may extend to 10 years or with fine or both”.
“The fact cannot be ignored that both the accused persons are agriculturists by profession and have no criminal record. So keeping in view their age, the manner in which the act was committed by them the accused persons while being convicted under Section 304(II) of RPC are sentenced to rigorous imprisonment for 7 years and a fine Rs 5000 each is imposed on them for commission of an offence under 304(II) of RPC”, the court said.
“In case of default in payment of fine, the accused would undergo further imprisonment for one month each”, the court added.
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