Excelsior Correspondent
JAMMU, Sept 22: Principal Sessions Judge Udhampur, A K Koul, today awarded seven years imprisonment and fine of Rs 5000 under Section 304 (I) (culpable to homicide not amounting to murder) to Munshi Ram, son of Prem Nath.
According to the police case, on June 4, 2008 a telephonic message was received at Police Station Chenani that on the basis of an age-old land dispute some persons trespassed into the land of Momi Chand and beat him to death besides causing injuries to wife of the deceased Savitri Devi and his other family members.
On the basis of this information, a case under Section 447/323/302/34 RPC was registered and investigation started. After completion of the investigation, challan was presented in the court of law.
After hearing Public Prosecutor Navneet Gupta for the State whereas Advocate Ch Mohd Shafi for the accused persons, Principal Sessions Judge Udhampur observed, “there was no premeditation on the part of accused. Whatever happened was in a sudden fight, in heat of passion and accused party had not acted in a cruel manner or taken undue advantage. So the act of Munshi Ram appears to be lesser in gravity and must fall under Exception 4 to Section 300 of RPC”.
“The deceased has died due to the injury inflicted by Munshi Ram but it was not a premeditated crime. Munshi Ram did not use any weapon. He twisted the neck of the deceased, which caused injuries to his Spinal Cord and resultant death. All this happened suddenly with out there being any strategy or intention to kill the deceased”, the Court said, adding “there was no preparation on the part of accused. There was some mutual conflict between the parties on the land dispute and it was going on for long”.
Stating that the accused attracts the punishment under Section 304(I) RPC, the Court awarded seven years imprisonment and fine of Rs 5000 to Munshi Ram.
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