Excelsior Correspondent
JAMMU, June 15: Division Bench of State High Court comprising Justice Muzaffar Hussain Attar and Justice Bansi Lal Bhat has converted the life imprisonment awarded to father and his two sons into 10 years rigorous imprisonment.
According to the prosecution case, accused persons killed one Parasram on May 14, 2001 on long standing enmity over a piece of land. The Trial Court on November 12, 2008 awarded life imprisonment to Dewan Chand and his two sons Jai Gopal and Deep Kumar under Section 302 RPC and fine of Rs 10,000 each. Against the judgment of trial Court, present appeal was filed.
After hearing Advocate Sindu Sharma appearing for the accused persons whereas Deputy AG Shaista Hakim for the State, Division Bench observed, “there is no cogent proof on record to hold that the accused intended to cause death of the deceased or to cause such bodily injuries as would be sufficient in ordinary course of nature to cause death”.
“The case falls within Clause (b) of Section 209 but does not fall within Clause (3) of Section 300 of RPC resultantly conviction under Section 302 of RPC has to be set-aside”, the DB said while allowing the appeal and connerted Section 302 into 304-I and awarded ten years rigorous imprisonment.
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