Excelsior Correspondent
JAMMU, Sept 28: Principal Sessions Judge Udhampur, A K Koul today awarded rigorous imprisonment of life to one Des Raj for killing his father-in-law and his own six months old son in Chenani area on August 9, 2002 over some property.
After hearing Public Prosecutor Navneet Gupta appearing for the State whereas Advocate Jarnail Singh appearing for the accused, Principal Sessions Judge observed, “deciding the measure of punishment is always a difficult task. While on one hand the quantum of punishment has to be proportionate to the crime committed but at the same time mitigating circumstances have also to be taken into view”.
“There is no doubt that the accused has committed a ghastly crime in a very brutal manner. Both the deceased were unarmed and without any resistance on their part the accused killed both of them in a cruel manner within a few minutes and that too over a very trivial issue. The concept of punishment is to make the offender understand the game of the crime but need to remember that the accused has also an inherent right to life”, the Court said.
“A common man would without losing any time propose death sentence for accused in view of the enormity of the crime committed by him but the legal parameters may not permit it readily. Gallows avenge dead but it may not benefit the society because the crime cannot be prevented by doing away with the criminal. A distinction based on degree of complicity and brutality needs to be drawn because it has got a vital impact in awarding the sentence”, the Court further observed.
“So far as the instant case is concerned, the crime committed by the accused was without any premeditation. Whatever happened it was on the spur of the moment. The accused has three children and a wife apart from his widowed mother-in-law and his age is around 37 years only. He does not have any criminal background and so certainly there are many extenuating circumstances, which deserve to be considered while deciding the quantum of punishment”, the Court said.
“It is true that the crime committed by the accused is gruesome but it cannot be termed as rarest of rear. Life imprisonment for murder is a rule and death sentence an exception and the Court supposes this case does not fall within the exception notwithstanding the brutality demonstrated by accused”, the Principal Sessions Judge further said.
With these observations, Principal Sessions Judge awarded rigorous imprisonment for life for the commission of offence under Section 302 RPC and fine of Rs 10,000. He was also sentenced to rigorous imprisonment for five years and a fine of Rs 2000 for commission of offence under Section 307 RPC. The sentences would run concurrently.
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