STATE TIMES NEWS
SAMBA: Principal Sessions Judge Samba Sonia Gupta on Wednesday awarded life-imprisonment to four persons in connection with murder case.
The court awarded life-imprisonment to Jagmandeep Singh @ JD, son of Chanchal Singh, resident of Trikuta Nagar, Jaswinder Singh @ Jimmy, son of Kulbir Singh, resident of Ward No. 72 Bhor Camp, Jarnail Singh @ Katta, son of Harpal Singh, resident of Ward No. 72 Bhor Camp, Jammu and Ramesh Kumar @ Chacha, son of Jia Lal, resident of Rehari Chungi Jammu in murder on land dispute.
Madan Lal, son of Rolu Ram, resident of Channi Himmat Jammu was killed in Kartholi in August 2010 by the convicted persons.
As per case, on August 12, 2010 at 7:45 AM, an information was received from reliable sources at Police Station Bari Brahmana, that a vehicle No. JK02H-9654 (Tata Sumo) driven by an unknown driver rashly and negligently from Jammu to Vijaypur could not be controlled due to high speed at Kartholi on National Highway and hit scooter No. JK02AL-9076 (Vespa) being driven by Madan Lal, on its rear and due to this accident, the scooterist Madan Lal succumbed to his injuries on spot and that the tata sumo driver fled away with the offending vehicle.
On the basis of this information a case was registered at Police Station Bari Brahmana Under Sections 279/304-A RPC.
During investigation it was found that the offending vehicle No. JK02H-9654 was being driven by Simranjeet Singh, son of Avtar Singh, resident of Preet Nagar Digiana Jammu and this vehicle had been used with an intention to kill deceased Madan Lal.
During investigation it came up that Jagmandeep Singh @ JD, Inderpreet Singh @ Rustam sons of Chanchal Singh, resident of Trikuta Nagar Jammu, Narinjan Singh @ Putu, son of Jameet Singh, resident of Gurha Slathia Tehsil Samba and deceased Madan Lal had dispute regarding land comprising of khasra Nos. 642 and 650 measuring about 94 kanals situate at village Daghore Tehsil Samba; that the land was under the possession of deceased Madan Lal and to obtain its possession Inderpreet Singh, Jagmandeep Singh and Narinjan Singh had filed a case before ACR Samba who decided that the land was in question was Evacuee (Custodian) Property and directed the parties that the case be filed in the court of Custodian General; that these three persons got this knowledge, they met at a hotel in Gandhi Nagar with Ramesh Kumar @ Chacha, Jarnail Singh @ Katta S/O Harpal Singh and Jaswinder Singh @ Jimmy S/O Kulbir Singh R/O Ward No. 72 Bhor Camp and entered into criminal conspiracy and devised a plan to get rid of Madan Lal so that the possession of the land may be obtained.
It was agreed that a tata sumo be purchased and a driver be prepared who under the pretext of accident shall kill Madan Lal; that a trucker Simranjeet Singh S/O Avtar Singh R/O Preet Nagar Digiana was prepared on 06.08.2010 a tata sumo No. JK02H-9654 was purchased in the name of Ramesh Kumar @ Chacha from Madan Lal Chowhan sale and purchase company warehouse Nehru Market against the consideration of Rs. 100,000/- on 11.08.2010, which was further got transferred in the name of Simranjeet Singh on 12.08.2010 from the owner of the vehicle by executing a transfer set.
As per plan on 12.08.2010 at 7:45 AM while Madan Lal was proceeding towards Vijaypur on his Vespa scooter. He was hit from the rear by driver Simranjeet Singh with tata sumo No. JK02H-9654 at Kartholi on National Highway.
Jarnail Singh @ Katta was also occupants of the tata sumo whereas Jagmandeep Singh @ JD, Inderpreet Singh @ Rustam, Ramesh Kumar @ Chacha, Jaswinder Singh @ Jimmy and Narinjan Singh @ Bhootu had been waiting near Pahalwan hotel near Kartholi regarding the occurrence.
The driver after committing the crime fled away and all the accused got connected each other telephonically. Driver Simranjeet Singh parked the offending vehicle at a secluded place near 17 miles and returned to Jammu along with Jarnail Singh in a bus and reached the home of Jagmandeep Singh @ JD, where all the accused had assembled and an amount of Rs. 25000 each were given to Ramesh Kumar @ Chacha and Simranjeet Singh by Inderpreet Singh for expenses to get bail. In view of these facts the offences punishable U/Ss 279/304-A RPC were discarded and offences U/Ss 302/120 B RPC were substituted in the FIR.
Principal Sessions Judge Samba Sonia Gupta after hearing Public Prosecutor Jawad Ahmed Khawaja with Special Public Prosecutor Rakesh Chargotra for the State, observed that it is a settled proposition that in awarding sentence in our civilized society, a reasonable proportion has to be maintained by the Court between the heinousness of the crime and the punishment.
The sentences are imposed to reflect the seriousness of the crime, to promote respect for the law, to provide just punishment for the offence, to afford adequate deterrent to criminal conduct and to protect the community from further similar conduct.
In awarding sentence, the court must look in to the crime, the victim besides the circumstances of the criminal and the impact of the crime on community and in the present case, as submitted by counsels for convicts that Jagmandeep Singh, Jaswinder Singh, Jarnail Singh and Ramesh Kumar are young persons and the imposition of sentence for life imprisonment u/s 302 RPC would serve the interest of justice and that the present case does not fall in the category of rarest of rare case so as to the imposition of death sentence, which is of exceptional nature.
Keeping in view the age of the convicts/accused and considering the contention of defence counsels about the crime, I think this case does not fall in the category of rarest of rare case. Keeping in view the age of the convicts, imprisonment for life shall be adequate sentence in the present case u/s 302 RPC.
Accordingly, the following sentences are imposed upon the convicts/accused for offences U/Ss 302/120-B/201 RPC and ordered that Convict/accused namely, Jagmandeep Singh @ JD S/O Chanchal Singh R/O Trikuta Nagar, Jammu, is sentenced to undergo imprisonment for life and a fine of Rs. 30,000 for offence u/s 302 RPC and in default of payment of fine, he shall undergo further imprisonment for six months.
He is further sentenced to undergo imprisonment for life and a fine of Rs. 30,000 for offence u/s 120-B RPC for and in default of payment of fine, he shall undergo further imprisonment for six months. He is further sentenced to undergo imprisonment for three years and a fine of Rs. 20,000 for offence u/s 201 RPC and in default of payment of fine, he shall undergo further imprisonment for one month. All the sentenced shall, however, run concurrently. The sentence of imprisonment for life, however, shall be subject to confirmation by the High Court. Convict/accused namely, Jaswinder Singh @ Jimmy S/O Kulbir Singh R/O Ward No. 72 Bhor Camp, Jammu, is sentenced to undergo imprisonment for life and a fine of Rs. 30,000 for offence u/s 302 RPC and in default of payment of fine, he shall undergo further imprisonment for six months. He is further sentenced to undergo imprisonment for life and a fine of Rs. 30,000/-(rupees thirty thousand only) for offence u/s 120-B RPC for and in default of payment of fine, he shall undergo further imprisonment for six months. He is further sentenced to undergo imprisonment for three years and a fine of Rs. 20,000/- (rupees twenty thousand only) for offence u/s 201 RPC and in default of payment of fine, he shall undergo further imprisonment for one month. All the sentenced shall, however, run concurrently. The sentence of imprisonment for life, however, shall be subject to confirmation by the High Court. Convict/accused namely, Jarnail Singh @ Katta S/O S. Harpal Singh R/O Ward No. 72 Bhor Camp, Jammu, is sentenced to undergo imprisonment for life and a fine of Rs. 30,000/-(rupees thirty thousand only) for offence u/s 302 RPC and in default of payment of fine, he shall undergo further imprisonment for six months. He is further sentenced to undergo imprisonment for life and a fine of Rs. 30,000/-(rupees thirty thousand only) for offence u/s 120-B RPC for and in default of payment of fine, he shall undergo further imprisonment for six months. He is further sentenced to undergo imprisonment for three years and a fine of Rs. 20,000/- (rupees twenty thousand only) for offence u/s 201 RPC and in default of payment of fine, he shall undergo further imprisonment for one month. All the sentenced shall, however, run concurrently. The sentence of imprisonment for life, however, shall be subject to confirmation by the High Court.
