Excelsior Correspondent
Srinagar, Mar 13: High Court has commuted life sentence awarded to 3 Nepalese in a murder case with 10-years imprisonment and fine.
The Division Bench of Justice Rajnesh Oswal and Justice Mohan Lal has commuted the life sentence of three persons of Nepal involved in murder case with 10-years imprisonment which they are already exhausted in jail as such directed the jail authority to release them forthwith from the custody.
The Criminal Conviction appeal was directed by convicts Kaiser Bhadur, Gopal Bahadur and Deep Bahadur all residents of Nepal against the judgment of conviction dated 20.05.2014 rendered by the Court of Principal Sessions Judge Kargil where under they have been held guilty as such convicted and sentenced to undergo imprisonment for life and fine of Rs. 5,000.
“The trial court has committed an error in not appreciating the law in its right perspective for which we are constrained to modify the conviction to one U/S 304 Part-II of RPC instead of one U/S 302 RPC. In the result, appellants are convicted U/S 304 Part-II of RPC and sentenced to undergo rigorous imprisonment for ten (10) years and to pay the fine amount already ordered by the trial court,” DB said adding the period of imprisonment already undergone shall be set off. We have been informed that appellants/convict are lying in incarceration in Central Jail Srinagar for the last 11/12 years, therefore, they shall be released forthwith after depositing the fine amount, if not required/wanted in any other case”.
Court has maintained that convicts had no animosity with the deceased, rather the incident had the genesis of sudden quarrel and inflicting of blows by the appellants with weapons of offence resulting in death of the deceased. “The material in abundance, in our consideration, proves that the offences committed by appellants/convict is culpable homicide not amounting to murder as defined under exception 4 of Section 300 RPC and for that the appellants are to be convicted U/S 304 part-II RPC instead of Section 302 RPC”, Court has held.
Court said the criminal act committed by the appellants has occurred on the spur of moment in uncontrollable bit of anger and these acts do not commend to calculate that the appellants have the intention of committing the murder of deceased Farbo Tsering. “We are of the considered and firm opinion that the prosecution has utterly failed to establish and prove that there was common intention and prior meeting of minds between the appellants-convict to commit the murder of deceased”, reads the judgment.
The occurrence of incident is of June 2011 when deceased Farbo Tsering was seen lying dead in face down position by the landlord where the deceased was residing in his house as a tenant.
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