Excelsior Correspondent
JAMMU, Jan 7: Principal Sessions Judge Rajouri Jaffer Hussain Beg has awarded five simple imprisonment in an attempt to murder case.
According to the prosecution case, on June 17, 2007 Mohd Hussain, son of Sher Din of Dhanore Loharan, Rajouri attempted to commit the murder of one Munir Hussain and his son Nazir Hussain by opening fire upon them. In the incident father-son received severe injuries.
Accordingly, Police Station Rajouri registered a case under Sections 307, 148,149,336, 323 RPC& and 4/27 Arms Act. After completion of investigation challan was presented in the court of law.
After hearing both the sides, Principal Sessions Judge Rajouri convicted the accused for the offences punishable under Section 307 RPC. “Regarding the imposition of sentence, the court has to keep the object of punishment and the nature of the crime committed by the accused and also the age of the convicted into consideration”, the court said.
“The object of punishment is reformatory. Too lenient as well as too harsh to sentence both lose their efficaciousness”, the court said, adding “one doesn’t deter and the other may frustrate thereby making the offender a hardened criminal”.
“The convict as per the counsel for the accused is more than 70 years but the offence committed by him is punishable with imprisonment of either description for a term which may extend to 10 years and shall also be liable to time”, the court further said, adding “the trial in this case has taken a decade and for these reasons Mohd Hussain is awarded simple imprisonment for five years and a fine of Rs 5000”.
In default of payment of fine, he shall further undergo imprisonment of like nature for six months, the court added.
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