Killing of PSI Ajay Gupta in fake encounter
JAMMU: Division Bench of State High Court comprising Justice Virender Singh and Justice Bansi Lal Bhat on Tuesday upheld the life-imprisonment of the then SP Operation Poonch Sewak Singh and his PSO Sat Pal Singh in much publicised killing of PSI Ajay Gupta by showing fake encounter.
The Division Bench observed that the chain of events established by the prosecution leads to irresistible conclusion that the murder of deceased was not an independent act of accused Satpal Singh but the result of a well planned conspiracy which was meticulously designed by the accused Sewak Singh and Satpal Singh and executed by accused Satpal Singh to achieve the object of conspiracy. The Bench further observed that careful reappraisal of evidence brought on record during trial and after scanning through the record and the impugned judgment which elaborately marshaled the evidence and considered the rival contentions, are of the considered opinion that prosecution has succeeded in bringing home guilt of accused. The defence version of killing of deceased in an ambush by militants is a blatant lie and is rejected with the contempt that it deserves.
The DB consequently convicted accused Sewak Singh and Satpal Singh under Section 302/120-B and 201 RPC and fine of Rs. 4,000.
The DB also observed that the instant case does not fall within the purview of rarest of rare cases to justify awarding of capital sentence. DB upheld the sentence of simple imprisonment for two years and fine of Rs. 2,000 awarded for commission of offence under Section 201 of RPC against both the accused. Substantive sentences have been directed to run concurrently and in default of payment of fine, a sentence of simple imprisonment is proposed in the judgment formulated by Sessions Judge was also upheld.JNF
