Excelsior Correspondent
JAMMU, Oct 21: Division Bench of State High Court comprising Justice Virender Singh and Justice Bansi Lal Bhat today upheld the life-imprisonment awarded to the then SP Operation Poonch Sewak Singh and his PSO Sat Pal Singh for killing PSI Ajay Gupta in fake encounter on October 13, 1998.
After hearing Senior Advocate Sunil Sethi with Advocate Ravi Abrol for the appellants whereas Senior AAG Gagan Basotra with Monish Chopra for the State and Advocate L K Sharma for the complainant, Division Bench observed, “the chain of events leads to irresistible conclusion that the murder of deceased was not an independent act of accused Satpal Singh but the result of a well planned conspiracy, which was meticulously designed interest by the accused Sewak Singh and Satpal Singh”.
“We, on a careful reappraisal of evidence brought on record during trial and after scanning through the record and the impugned judgment which elaborately marshaled the evidence and considered the rival contentions, are of the considered opinion that prosecution has succeeded in bringing home guilt of accused”, the DB said.
“The defense version of killing of deceased in an ambush by militants is a blatant lie and is rejected with the contempt that it deserves. We accordingly uphold the impugned judgment of conviction by virtue whereof accused Sewak Singh and Satpal Singh have been convicted of charge under Section 302/120-B and 201 RPC. We are convinced that the instant case does not fall within the purview of “rarest of rare cases” to justify awarding of capital sentence”, the DB said.
Accordingly, the DB confirmed sentence of life imprisonment awarded to appellants-accused for their conviction under Section 302 RPC and also upheld the sentence of fine of Rs 4,000. “We also uphold the sentence of simple imprisonment for two years and fine of Rs 2, 000 awarded for commission of offence under Section 201 of RPC against both the accused”, the DB said, adding “substantive sentences have been directed to run concurrently and in default of payment of fine, further sentence of simple imprisonment is proposed in the judgment formulated by Sessions Judge”.
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