Excelsior Correspondent
JAMMU, Sept 11: Additional Sessions Judge, Kulgam Parvaiz Iqbal, today in an elaborate judgement convicted Mohd Amin Bhat and his two sons Rauf Ahmed Bhat and Younis Ahmed Bhat in a case registered for offence of murder and awarded them rigorous imprisonment of seven years and Rs one lakh fine.
“The prosecution in my humble appreciations has been successful in establishing the culpable homicide against the accused persons beyond all the reasonable doubt but has fallen short of the mark i.e. in bring the act of accused persons within ambit of clauses ‘firstly’ to ‘fourthly’ of S. 300 RPC,” the Judge observed.
“Considering the evidence, it is thus convincingly made out that there was no intention on the part of accused persons to kill the deceased. It is manifest that murder was not a premeditated one. There was no previous enmity in between the accused persons and the deceased nor does it appear from evidence that they came to the place of occurrence looking for him. There was no motive on the part of the accused persons to kill the deceased and the incident appears to have happened all of a sudden while the accused and the complainant were having altercation and scuffle. It is case of sudden fight and there is no pre-meditation,” the Judge observed in his order.
He said “it was the duty of prosecution to make out that the act done by the accused as a result of which the deceased got killed falls within the four clauses of Section 300 RPC.
“Even though none of the five exceptions are pleaded or prima facie established on the evidence on record, the prosecution was still required under the law to bring the case under any of the four clauses of Section 300 of the RPC to sustain the charge of murder,” Parvaiz Iqbal said.
“It is evident from these decisions that a duty is cast on the Judge to see that the sentence shall consist of an element of reformation of the criminal and also the reparation of the victim, along with the elements of deterrence, prevention and retribution. Thus, the Judge has to balance all these conflicting interests and choose the right and appropriate sentence, for the sentence to be meaningful,” he said.
The court awarded all the three convicts sentence to undergo rigorous imprisonment for seven years and fine of Rs. one lakh each. In the event of their default to deposit fine amount, they shall undergo rigorous imprisonment for a further period of six months.
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