Excelsior Correspondent
POONCH, May 25: In an attempt to murder case, Principal Session Court Poonch today awarded three years rigorous imprisonment and a fine of Rs 5000 to the accused, who was convicted of murderous assault on driver of a passenger Sumo vehicle.
As per the prosecution story, the accused, namely Opkar Singh, son of Manohar Singh, resident of Ward No 3, Poonch, had attacked complainant Altaf Hussain with a sharp edged knife after the latter repeatedly blew horn of his vehicle for getting way from the former, who had parked his auto in the middle of the road.
Principal Sessions Judge Poonch, Tahir Khurshid Raina, while convicting the accused for attempt to murder and other offences, opined that intention to kill has not simply to be inferred from some previous history of enmity but it can arise even on the spur of the moment. “On the mere provocation of blowing of horns the expected reaction of accused should not have been to the level of using sharp edged weapon and then attacking straight way on the abdomen which contains vital organs, which if had got injured, would have proved fatal,” he added.
Court opined that such out of proportionate action presupposes intention on the part of the accused to kill notwithstanding the fact that simple or grievous injury is caused to the complainant.
Accordingly accused was convicted for the said offence. He was also got convicted for offences under section 324, 341 RPC and 4/25 I AA.
While awarding sentence, the court observed that punishment must commensurate to the offence committed. “It has not to be so less as looks to be jest by the society and not so severe that court seems to have acted as persecutor. Therefore, what’s required is to strike a balance with element of deterrence must flow of the sentence awarded,” observed the judge while awarding rigorous imprisonment with a fine of Rs 5000 in Section 307 RPC and imprisonment in other offences as well to the accused. However, court directed that all sentences will run concurrently.
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