Excelsior Correspondent
JAMMU, June 17: Division Bench of High Court comprising Justice Virender Singh and Justice BL Bhat has converted the life imprisonment awarded by trial court to three murder accused to 10 years imprisonment.
According to the police case, the accused persons namely Gian Singh, son of Ishar Dass Thakur, Jasbir Singh, son of Gian Singh Thakur, both residents of Phalti Mitra, Ramban and Kasturi Lal, son of Ishar Dass Thakur of village Kanga had on September 19, 2004 killed Bir Singh over a trifle issued. Accordingly, a case was registered and after completion of investigation challan was presented in the Court of law.
On September 29, 2012, Trial Court awarded life imprisonment to all the three accused which was challenged before the Division Bench of the High Court.
After hearing both the sides, DB observed, “the material on record justifies the conclusion that the accused did not inflict injuries on the deceased with the intention of causing death. In view of the scenario in which the accused are stated to have caused injuries on the deceased to extract his confession after accusing him of having committed theft of money from the house of accused, it is difficult for us to hold that the accused caused fatal injuries on deceased with the intention of committing his murder or that they had the requisite knowledge that the death would otherwise be the inevitable result”.
“In such a situation, we are constrained to hold that the accused did not commit offence under Section 302 read with 34 RPC, but under Section 304 Part II read with 34 RPC”, the DB said while setting aside the conviction of accused under Section 302 RPC.
While convicting the accused under Section 304 Part II read with 34 RPC, the DB converted the life imprisonment into 10 years imprisonment.
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