Excelsior Correspondent
JAMMU, Aug 13: Division Bench of State High Court comprising Justice Hasnain Masoodi and Justice Janak Raj Kotwal today up-held the life imprisonment awarded in the murder case.
According to the prosecution case, on July 20, 2005, Krishan Chand (deceased/victim) accompanied by his minor son Sanjeev Kumar had gone for purchasing toffees from shop of Isher Dass falling nearby his house in village Dhirti of Udhampur tehsil.
When the victim and his son were returning back to their home, the accused Suresh Kumar fired two shots through his 12 bore gun on the victim leading to death of Krishan Chand.
On completion of investigation, charge sheet was presented against the accused and trial court awarded life-imprisonment to the accused. However, the accused file appeal in the DB challenging the verdict of the trial court.
After hearing both the sides, DB observed, “the counsel for the appellant has argued that prosecution has exaggerated a trivial incident between two neighbours as a motive on the part of the appellant to eliminate the victim which neither has any substance nor has been proved so the accused cannot be connected with commission of the serious offence of murder on the basis of such a motive”.
“However, we do not find any substance in the argument of counsel as there is sufficient evidence in the depositions of three eye witnesses about strained relations between the two sides because of a dispute relating to use of water”, the DB observed.
Finding no merit the in the grounds on which the appellant has assailed the impugned judgment, the DB upheld the sentence awarded by the trial court and dismissed the appeal.
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