Excelsior Correspondent
UDHAMPUR, Oct 31: Principal Sessions Judge, A K Koul today awarded life-imprisonment and fine of Rs 10,000 to accused Veer Dev Singh, Bishan Dass, Kulbushan Kumar, Mohd Javed alias Chhattu and Vijay Singh alias Sonu for committing murder of one Kartar Nath.
According to the police case, on June 3, 2007 information was received that Kartar Nath, who was having some litigations with Veer Dev Singh, was attacked by the accused persons near Sat Narayan Temple with sharp weapons and dead body was lying on spot.
On this, a case was registered under Section 302/34 RPC and 4/27 Arms Act and after completion of investigation challan was presented against Veer Dev Singh, Bishan Dass, Kulbushan Kumar, Mohd Javed alias Chhattu and Vijay Singh alias Sonu.
After hearing Public Prosecutor Navneet Gupta for the State whereas Advocate P K Jandial appearing for the accused persons, Principal Sessions Judge observed, “since accused stand convicted for commission of a gruesome crime the issue which finally arises is about the quantum of sentence to be imposed”, adding “it need not be repeated that punishment has always to be in commensurate with the crime committed. There is always a need to balance the scales while deciding the measure of punishment”.
“In a case of murder the punishment is death or imprisonment for life and so the debate has a very limited scope as we have only two options. Sentence of imprisonment for life is a rule in so far as the offence of murder is concerned and death is an exception. The sentencing jurisdiction has always to be exercised judicially on well-recognized principles after balancing the aggravating and mitigating circumstances of the crime”, the Court said, adding “though in the instant case the accused have undoubtedly killed the deceased in a cold blooded manner but there are also many mitigating circumstances in favour of the accused”.
“Three accused are in the age group of 20 to 30 years while as one accused No.1 is around 42 years. They have been in custody now for more than five years. Awarding a death penalty would not only eliminate the accused but would also expose their families to starvation. They are too young and the crime committed by them though serious cannot fall within the category of rarest of rare cases”, the Court said and awarded life imprisonment to all the accused.
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