STATE TIMES NEWS
JAMMU: Additional Sessions Judge Jammu Deepak Sethi on Monday awarded life-imprisonment to Gurbachan Singh S/o Jagga Ram R/o Kotli Meerdian Tehsil R.S. Pura Jammu who was facing trial for the last 13 years.
According to the police an FIR 44/2010 under section 307/452/34/RPC was registered on the complaint of one Parsino Devi w/o Darshan Lal. Parsino Devi gave the oral report that her husband namely Darshan Lal runs a shop of cycle repair and of barber at Rangpur Malana on the road side. Gurbachan and Ravi Kumar bear animosity towards her husband. She alongwith her son namely Raman Kumar went to the shop to give food to her husband and when she reached the shop then from behind two accused came from behind. They with criminal common intention entered into the shop and accused Gurbachan with darat and accused Ravi Kumar with mungli attacked her husband. She raised hue and cry and some people came on spot and two accused ran away from behind the shop. Thereafter the persons who had gathered there took her husband to hospital R.S Pura.
During the investigation it was found that the deceased and the accused had good relationship in the mean while accused Gurbachan Singh was instigated by some one that his wife has illicit relationship with Darshan Lal and because of this enmity was created between accused Gurbachan Singh and deceased Darshan Lal. On 30.4.2011 armed with darat and mungli they entered inside the shop of Darshan Lal assaulted the deceased and grievously injured him. Because of the injuries sustained deceased died. Both the accused because of the enmity assaulted the deceased and killed him. The accused Gurbachan Singh along with accused Ravi Kumar with criminal common intention both of them assaulted the deceased. The accused Gurbachan was armed with darat and accused Ravi Kumar was armed with mungli (baseball) and both the accused with criminal intention to kill the deceased came on spot on the scooter and the scooter was parked in the lane by the accused . The accused entered the shop of the deceased from behind and assaulted him and injured him grievously and the deceased died thereafter at GMC Jammu because of the injuries sustained.
Additional Sessions Judge Jammu Deepak Sethi after hearing APP Vikrant Sharma for the UT, observed that it is trite that life imprisonment is a rule and death sentence is an exception. In other words, death sentences must be imposed only when life imprisonment appears to be an altogether adequate punishment and only when the accused falls under the rarest to rare category. Having regard to the totality of circumstances, I am of the considered opinion that imprisonment for life is an adequate punishment for the convict as the facts of the case do not fall in the category of rarest of rare case. It is ordered that for commission of offence u/s 302 RPC, the convict has to undergo simple imprisonment for life, subject to the confirmation of the conviction and sentence by the High Court and for commission of offence u/s 449 RPC the convict shall undergo imprisonment for 10 years. Both these sentences shall run concurrently.
