Excelsior Correspondent
POONCH, Nov 5: Principal Sessions Judge Poonch Tahir Khurshid Raina has awarded nine years rigorous imprisonment to two real brothers for causing death of a child.
The offence committed by the accused persons namely Mohd Sharif and Mohd Rafiq, sons of Mohd Bashir of Mendhar was an offshoot of land dispute between the parties. The complainant had purchased the land from the father of the accused, who never accepted this transaction and wanted to get back the land from complainant.
One morning the complainant received message on mobile that accused have constructed a shed over night on the said land. All family members rushed to the spot and the complainant tried to demolish the shed. The wife of complainant, who was carrying child of two years age rushed to save the complainant from the accused persons.
In the meantime, accused attacked her with a wooden log but it hit the child and he died on spot. Accordingly, a case under Sections 302, 447, 323 read with 34 RPC was registered against accused. Finally, a challan was presented in the court and trial commenced in the Sessions Court Poonch.
Out of 26 witnesses, 20 turned hostile and four witnesses supported the case of prosecution. A child who was declared competent witness by the court described the whole account of the occurrence. Hostile evidence too confirmed the presence of dead body of child on the spot.
The court, while relying on the statement of child witness and other evidences convicted the accused. “It is the quality of evidence and not quantity of evidence that maters in criminal justice system”, Principal Sessions Judge said.
However, the conviction was not made for the offence of murder but culpable homicide not amounting to murder punishable under Section 304 part two of RPC. “From the evidence on record, its nowhere inferred that that there was an intention on the part of the accused to kill the child and even he was not the target killing”, the court said, adding “evidence reflects that accused was having knowledge that death may cause by his attack without any intention to cause death or such bodily injury as to cause death”.
Accordingly, court convicted both the brothers and awarded nine years rigorous imprisonment to them under Section 304 part two with fine of Rs 5000. Also two months rigorous imprisonment was awarded in offence under Section 447 and three months under Section 323 RPC.
“All the sentences shall run concurrently”, the court said, adding “punishment has not to be so less as looks to be jest by the society and not to be so severe that court seems to have acted as persecutor. Therefore what is required is to strike a balance. Element of deterrence has not to vanish from the quantum of punishment awarded”.
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