Excelsior Correspondent
JAMMU, Oct 31: Third Additional Sessions Judge Jammu, Sanjeev Gupta today awarded life-imprisonment to Hari Ram, Mukesh Goswami and Biju Goswami facing trial in committing murder of 13 years old boy namely Barjesh Goswami, son of Harish Chander on January 18, 2006.
After hearing APP GS Charak for the State whereas Advocate S C Subash for the accused persons, Third Additional Sessions Judge observed, “from the careful reading of facts, analysis of evidence on record and due consideration of the rival submissions, court is of the view that no doubt the offence has been committed by the accused persons in a most diabolical manner by slitting the throat of the deceased but the evidence on record did not point out in clear terms as to which accused was author of fatal injury on the neck of the deceased”.
“The complicity of the accused in the case for killing the deceased has been established on the basis of evidence led by the prosecution with the aid of Section 34 of RPC. The accused were young when the offence was committed by them and there is no past history of their criminal activities besides actual motive to commit the crime in question”, the Court said, adding “in these circumstances, the instant case does not fall in the category of rarest of rare case and ends of the justice will be met by awarding alternative sentence of imprisonment to them”.
With these observations, Court awarded life-imprisonment to all the three accused and fine of Rs 5000 each under Section 302/34 RPC. The accused were further sentenced to undergo rigorous imprisonment for 10 years each under Section 364 RPC and fine of Rs 3000 each.
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