STATE TIMES NEWS
POONCH : After convicting the accused in attempt to murder case and other offences , the Principal Sessions Judge Poonch on Wednesday awarded three years Rigorous Imprisonment (RI) and a fine of Rs 5,000 to the accused Opkar Singh son of Manohar Singh resident of Ward No 3 Poonch.
In the year 2009 complainant Altaf Hussain who was to drive a passenger sumo from Poonch Bus Stand to Mendhar blew repeated horns for getting a passage from the accused who had parked his auto in the middle of the road. Provoked by horns accused came out of Auto , started hurling abuses on the complainant and then brought out a sharp edged knife (Chhurra) and attacked the complainant.
The complainant turned unconscious and was taken to hospital. All the witnesses in the Court confirmed the prosecution storey. Principal Sessions Judge Poonch Tahir Khurshid Raina while convicting the accused for attempt to murder and other offences opined that intention to kill has not simply to be inferred from some previous history of enmity but it can arise even on the spur of the moment. Of course it has also to be gauged from conduct of the accused , weapon of offence used , part of the body chosen for attack and other circumstances. In the present case, Court opined that on the mere provocation of blowing of horns the expected reaction of accused should not have been to the level of using sharp edged weapon and then put its attack straight way on the abdomen which contains vital organs which if had got injured , would have proved fatal. Court opined that such an act cannot be termed as without intention to kill. Court further opined that such out of proportionate action presupposes intention the part of the accused to kill notwithstanding the fact that simple or grievous injury is caused to the complainant.
Accordingly accused is convicted for the said offence. He also got convicted for offences under sections 324 , 341 RPC and 4/25 I AA. While awarding sentence Court observed that, punishment must be commensurate to the offence committed . It has not to be so less as looks to be jest by the society and not so severe that Court seems to have acted as persecutor. Therefore , what’s required is to strike a balance with element of deterrence must flow of the sentence awarded .
With these observations and keeping in view the mitigating factors of the accused as projected by his counsel , Principal Sessions Judge Poonch Tahir Khurshid Raina awarded three years rigorous imprisonment with a fine of Rs 5,000 in sec 307 RPC and imprisonment in other offences as well to the accused Opkar Singh The Court directed that all sentences to run concurrently.
