Life imprisonment awarded to five of a family in murder case

By
Daily Excelsior
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Excelsior Correspondent
JAMMU, Feb 3: Additional Sessions Judge Udhampur S R Gandhi today awarded rigorous life imprisonment to five members of a family, who had murdered a woman and 10 years old child over property dispute.
The convicts are Prem Nath, Sita Ram, Krishan Chand and Guddi, sons of Massu and Babu Ram, son of Sita Ram, all residents of Sadhota Mohra Sanal in Udhampur. They had murdered 55 year old woman Krishni and 10 years old child Parkash Singh on September 7, 2011 over some property dispute.
After hearing Advocate Gulshan Singh for the accused persons whereas Additional Public Prosecutor Anil Magotra for the UT, the court observed, “the case in hand is almost on the border of the rarest of rare case. It is trite that life imprisonment is the rule and death sentence is an exception”.
“In other words death sentence must be imposed only when life imprisonment appears to be an altogether inadequate punishment. Having regard to the totality of the circumstances, in the considered opinion of the court, imprisonment for life is an adequate punishment for all the convicts”, the Judge said.
For the commission of offence under Section 302 RPC, all the convicts shall suffer imprisonment for life and a fine of Rs.10,000 each, the court said, adding for the commission of offence under Section 449 RPC each of the convicts shall undergo rigorous imprisonment for 10 years and a fine of Rs 5,000.
Similarly, for the commission of offence under Section 147 RPC each of the convicts shall undergo rigorous imprisonment for 3 years and for the commission of offence under Section 148 RPC each of the convicts shall undergo rigorous imprisonment for 3 years and fine of Rs 5,000, the court said, adding for the commission of offence under Section 120-B RPC each of the convicts shall undergo rigorous imprisonment for 5 years and a fine of Rs 5,000.
“All the sentences shall run concurrently and in default of payment of fine each of the convicts shall further undergo imprisonment for one year”, the court said.

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