STATE TIMES NEWS
JAMMU: A Division Bench of State High Court comprising Justice Dhiraj Singh Thakur and Justice Sanjay Kumar Gupta on Tuesday modified life imprisonment given by trial court to father and his two sons by awarding seven years jail in a criminal appeal filed against the trial court verdict.
The DB allowed this appeal but only to the extent that instead of Section 302 of the Ranbir Penal Code, the appellants including Bhagwan Dass alias Bhana, son of Bari Ram, Shiv Kumar alias Shibu and Raj Kumar alias Bittu, both sons of Bhagwan Dass, shall stand convicted for the offence of culpable homicide not amounting to murder punishable under Section 304 Part-II of the Ranbir Penal Code and sentenced to undergo rigorous imprisonment for a period of seven years.
As per case, on February 27, 2001 complainant namely Harnaik Singh, son of Chain Singh, resident of Ward No.9, R.S Pura, lodged a verbal report in Police Station R.S. Pura stating that his brother namely Devinder Singh alias Bhola was running a tent house business in partnership with one Shiv Kumar and on February 25, 2001, they had installed a tent at village Chakroi Morh in the Sheller of one Harnam Dass where the marriage of a relative of Ram Dass was scheduled to take place. “On the aforesaid date, Devinder had a scuffle with Raj Kumar alias Bittu, Shiv Kumar alias Shibu both sons of Bhagwan Dass, residents of Ward No.9, R.S Pura. Subsequently, Raj and Shiv assaulted Devinder, causing injuries”, the complainant accused and accordingly a report was lodged with police of Police Station R S Pura.
Thereupon, on February 27, 2001, the complainant at around 7.30 PM had gone to the spare parts shop of one Raj Paul situated at Bus Stand and his brother (Devinder) had already reached the Bus Stand area to inspect the site for installing a tent for the marriage of daughter of one Krishan Lal. Consequently, Raj Kumar alias Bittu, Shiv Kumar alias Shibu and Bhagwan Dass alias Bhana appeared on the scene and thereafter, Bhagwan Dass and Shiv Kumar caught the deceased from his arms whereas Raj Kumar alias Bittu pulled out a Kirch and struck a blow with it on the chest of the deceased who fell on the ground and bled profusely. The accused after the commission of the crime fled away from the scene of occurrence. Later, the deceased succumbed to his injuries on reaching GMC, Jammu. On the basis of this information, FIR No.35/2001 under Sections 302 and 34 RPC was registered.
DB after hearing both the sides observed that the appellants had not pre-planned the murder of deceased and accused were not habitual offenders as no such evidence of previous criminal background has been brought on record during trial. With these observations, the court modified the sentence awarded by the trial court.
