Excelsior Correspondent
LEH, Dec 12: Principal Sessions Judge Leh, Sanjay Dhar today awarded seven years rigorous imprisonment and fine of Rs 15000 to Tulsi Raj Devkota, son of Durga Lal Devkota of Nepal, who was facing trial in a murder case.
According to the police case, the accused and deceased Moti Ram were working as labourers in SNM Hospital Complex and on July 15, 2012 an altercation took place between them following which the accused inflicted fatal injuries upon the deceased by using sharp edged weapon. The accused also inflicted minor injury on wife of the deceased.
During investigation of the case, offences under Section 302/323 RPC were found proved against the accused and accordingly charge sheet was laid before the Court.
After hearing both the sides, Principal Sessions Judge observed, “it is clear that accused has stabbed the deceased with a kitchen knife with the knowledge that he is, by such act, likely to cause his death. It is also established that accused has caused simple injury upon the wrist of his wife. These facts have been proved beyond any shadow of doubt. Thus the accused has committed offence of culpable homicide not amounting to murder punishable under Part-II of Section 304 RPC as also the offence of causing simple hurt punishable under Section 323 RPC”.
“The ends of justice will be met if punishment is awarded to the accused which is neither too harsh nor too lenient. The punishment has to meet the twin objects of preventing the accused from repeating the crime and to prevent others from committing similar crimes”, the Court said, adding “the sentence that is to be passed on the accused must be the least that will achieve both these objectives”
With these observations, Court awarded seven years rigorous imprisonment to the accused.
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