Excelsior Correspondent
JAMMU, Feb 28: Principal Sessions Judge Samba Kartar Singh today awarded rigorous life-imprisonment to Chanderkant, son of Daya Ram of village Sarthian, Hiranagar for committing the murder of Naib Sarpanch.
According to the police case, the accused was having an affair with Geeta Devi, daughter of Naib Sarpanch Rashpal Singh’s brother Subash Singh. As Rashpal Singh was against marriage of Geeta Devi with Chanderkant the latter kidnapped Geeta Devi for which a case was registered against him.
As Naib Sarpanch was regularly following the case to ensure early arrest of the accused, the latter trespassed into the house of Naib Sarpanch Rashpal Singh and inflicted grievous injuries on him with sharp edged weapon. Though Naib Sarpanch was immediately rushed to hospital, he later succumbed to injuries. Accordingly, murder case was registered against Chanderkant and after completion of investigation challan was presented in the court of law.
After hearing both the sides, Principal Sessions Judge Samba observed, “it is true that Section 302 RPC mandates that whoever commits murder shall be punished with death or imprisonment for life and shall also be liable to fine. The settled law of land is that life imprisonment is a rule and death penalty is an exception and should be awarded in the rarest of rare cases”.
“Taking into consideration the circumstances under which the crime has been committed, it is not a rarest of rare case and is a fit case where the accused deserves only life imprisonment”, the Court observed while awarding rigorous imprisonment for life for the commission of offence falling under Section 302 RPC, rigorous imprisonment for a period of two years for the commission of offence falling under Section 452 RPC, rigorous imprisonment for a period of three months for the commission of offence falling under Section 342 and rigorous imprisonment for a period of two years for the commission of offence falling under Section 4/25 Arms Act.
The Court, however, clarified that all the sentences will run concurrently.
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