Excelsior Correspondent
JAMMU, Sept 27: Principal Sessions Judge Rajouri has awarded eight years imprisonment and fine of Rs 10000 each to three accused namely Vinod Kumar, Vikash Sharma and Bal Krishan Bal, who had on September 23, 2008 killed one Rajesh Kumar Sethi and injured Rakesh Kumar Sethi following a sudden quarrel over a trifle issue.
After hearing both the sides, Principal Sessions Judge observed, “the injured and deceased were going home when a quarrel took place between them and accused. One of the accused namely Vinod inflicted a hockey blow on the head of Rajesh Kumar and his counterpart Vikas hit on the mouth of Rakesh Kumar with a baseball bat, which is grievous injury. Bal Krishan Bali also gave one lathi blow, which is simple in nature”.
“There is no cruelty in the accused action, nor any lethal weapons were used and the factum of ‘premeditation’ is also missing. Although the entire prosecution evidence has element of falsehood in it and various important links are missing. The death of Rajesh Kumar is still shrouded in suspicion. There is no evidence how did his end came and where did he meet with his end”, the court said.
The various judgments referred to in Ankush Shivaji Gayekwad judgment (supra) serve guidelines for coming to the conclusion that the accused persons can be only held guilty under Section 304-II RPC, the Court said.
Accordingly, accused persons Vinod Kumar, Vikas Sharma @ Bunti and Bal Krishan were convicted for the commission of offence under Section 304-II /34 read with Section 325/ 34 RPC. They were however acquitted of the charges under Sections 307,147,148, 149, 341, 109 RPC.
All of them were however sentenced to undergo simple imprisonment for five years under Section 304-II/34 RPC and three years imprisonment under Section 325/34 RPC.
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