STATE TIMES NEWS
JAMMU: Additional Sessions Judge Rajouri, Kusoom Pandita awarded life-imprisonment to a father and son in a murder case.According to police case, on February 18, 2014 Police Station Rajouri received a docket for lodging a FIR on grounds that Dil Mohd, son of Salah Mohd, resident of Manjidhara had a dispute regarding land with Mohd Sadeeq and Mohd Aslam, sons of Bajja, residents of Manjidhara. His son Abdul Qayoom has came from Bantalab Jammu to his father’s house and both Dil Mohd and Abdul Qayoom, with criminal intention in connivance with each other, started working on disputed land in Manjidhara. On receiving information about the same, Sadeeq and Mohd Aslam moved towards disputed land for stopping accused at about 1.00 PM. On seeing them coming, Abdul Qayoom and Dil Mohd came in their way. Abdul Qyoom was holding a personal licensed 12-bore Gun in his hand and both of them, son and father threatened said Mohd Sadeeq and other that in case they will go towards land, they will be killed. In the meantime, Dil Mohd provoked his son Abdul Qayoom to fire on them, after which Abdul Qayoom, in order to kill them, took out his 12-bore Gun and fired two rounds on Mohd Sadeeq and Mohd Aslam one after another, due to which Mohd Sadeeq died on spot and Mohd Aslam got seriously injured. Abdul Qayoom fled towards forest after seeing police party. Acting on the information, a FIR vide No. 81/2014 for offences under Sections 302, 307 & 109 of RPC was registered at Police Station Rajouri. On basis of investigation, under Sections 302, 307, 326 & 109 of RPC & 3/30 of Arms Act were made out against accused and charge sheet was presented before the court.Additional Sessions Judge Rajouri, Kusoom Pandita after hearing both the sides, observed that while sentencing a convict, the underlying principle to be kept in mind is that showing undue sympathy in favour of convicts as compared to societal interests, is not desirable and appropriate sentence, commensurate the gravity of act of the offence, should be imposed, which may also serve as a deterrent. In considering the adequacy of sentence which should neither be too severe nor too lenient, the court has, therefore, to keep in mind the motive and magnitude of offence, the circumstances in which it was committed and the age and character of offender. The murder in this case has taken place due to enmity visa-vis the land and there is nothing on record to term this murder a case to fall within definition of rarest of rare cases to warrant capital punishment. With these observations, the Court ordered that Abdul Qayoom, son of Dil Mohd, resident of Manjidhara, Tehsil & District Rajouri is sentenced to life imprisonment and fine of Rs 10,000/- for commission of offence under Section 302 RPC. The convict is also sentenced to imprisonment for a period of ten years and fine of Rs 5,000 for commission of offence under Section 307 of RPC. The convict shall also undergo imprisonment of ten years and fine of Rs 5,000 for commission of offence under Section 326 of RPC. He shall also undergo imprisonment of six months for commission of offence under section 3 Arms Act. Dil Mohd, S/o Shah Mohd, resident of Manjidhara, Tehsil & District Rajouri is also sentenced to life imprisonment and fine of Rs.10,000 for commission of offence under section 302 RPC. The convict is also sentenced to imprisonment for a period of ten years and fine of Rs.5,000 for commission of offence under section 307 RPC.The convict shall also undergo imprisonment of ten years and fine of Rs. 5,000 for commission of offence under section 326 of RPC. Court further clarified that all the substantive sentences of imprisonment shall run concurrently.The period of detention undergone by the convicts during investigation or as under trials shall be set off under rules.
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