STATE TIMES NEWS
JAMMU: Principal Sessions Judge Bandipora Amit Sharma has awarded seven years rigorous imprisonment and fine Rs 5000 each to Mohammad Ramzan Dar and Mohammad Yousuf Dar, sons of Ghulam Mohi-ud-din Dar, residents of Ilahipora Aloosa, Bandipora who were facing trial in 304-II RPC (culpable homicide not amounting to murder).
As per case of prosecution, on November 13, 2016 police post Aloosa received information from reliable sources that at Gurdal, two parties namely Abdul Rehman Dar, son of Mohammad Sultan Dar, resident of Illahipora Aloosa and Mohd Ramzan Dar, Mohd Yousuf Dar, both sons of Gh Mohi Ud Din Dar residents of Illahipora Aloosa were having some dispute over Aabi-awal land. On the day of occurrence, Abdul Rehman Dar was attacked on his head by other side, causing his death. After completion of investigation challan was presented.
Principal Sessions Judge Bandipora Amit Sharma, after hearing both the sides, observed that the nature of the crime committed and manner in which it was committed can be decisive factors to decide as to whether corrective measures should be adopted or a deterrence based approach would be befitting. The sentence must adhere to the principles of proportionately of the punishment to the gravity of the offence. As the injury was inflicted on the vital part of the body of the said deceased, undue sympathy and unwarranted leniency impair the cause of justice. As the act of the accused persons falls under the category of 304 (II) RPC and the Section provides the maximum punishment which may extend to ten years or with fine or both. Whereas this fact cannot be ignored that both accused are agriculturists by profession and have no criminal record. “Keeping in view age of accused, the manner in which the said act was committed by them and this fact is also of relevant consideration that both the deceased as well as the accused persons are in relation with each other. So taking all these factors in view, the accused persons while being convicted under Section 304 (II) of RPC are hereby sentenced to; Rigorous imprisonment for seven years and a fine Rs 5000 each for commission of an offence under 304 (II) of RPC. In case of default in payment of fine, the accused would undergo further imprisonment for one month each,” the Court observed.
