JAMMU, Jan 23: Principal Sessions Judge Samba Sonia Gupta today awarded 10 years rigorous imprisonment to three including two real brothers namely Rashpal Singh and Sat Pal, sons of Hans Raj and Bodh Raj for offence under Section 304(1) RPC (culpable homicide not amounting to murder).
After hearing Advocate RK Kotwal for the accused persons whereas Public Prosecutor Jawaid Khawaja for the UT, the court observed, “in view of the facts and circumstances of the case and evidence adduced by the prosecution, all the accused namely are held guilty and they are convicted for the commission of offences punishable under Sections 304(1)/323/34 RPC”, adding “accused Bodh Raj is on interim bail and his bail is cancelled. He is ordered to be taken into custody”.
“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 Judge said, adding “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. In the present case, as submitted by counsel for convicts that Rashpal Singh, Bodh Raj and Sat Pal are middle aged persons and the imposition of imprisonment for 10 years under Section 304(1) RPC would serve the interest of justice”, the Judge said.
Keeping in view the age of the convicts/accused and considering the contention of defence counsel about the crime, the court said, “this case does not fall in the category of sentencing them to imprisonment for life. Keeping in view the age of the convicts, imprisonment for 10 years shall be an adequate sentence”.