Excelsior Correspondent
JAMMU, Feb 21: Principal Sessions Judge Bhaderwah, Brij Mohan Gupta today awarded rigorous life-imprisonment and fine of Rs 10,000 each to a cop Rattan Lal and Kashmir Singh, both sons of Sant Ram of Bhaderwah, who committed the murder of their close relative Jia Lal on January 14, 2004 over a trifle issue.
After hearing Public Prosecutor Fareed Hussain Beigh appearing for the State whereas Advocate Abdul Wahid for the accused persons, Principal Sessions Judge observed, “Section 302 RPC prescribes death or life imprisonment as penalty for murder. The settled law is that life imprisonment is the rule and death sentence is an exception. Death sentence must be imposed only when life imprisonment appears to be an altogether inadequate punishment having regard to the relevant circumstances of the case”.
“In rarest of rare cases when collective conscience of the community is so shocked and the murder is committed in an extremely brutal, grotesque, diabolical, revolting or dastardly manner death sentence can be awarded. The crime committed in this case is grave but is not extremely brutal. The age of the accused person, the manner in which the crime was committed and other circumstances warrant imposition of lesser punishment”, the Court said.
“I do not see any reason to take this case out of general rule. So life imprisonment may be an adequate punishment which would serve the ends of justice”, Principal Sessions Judge said and awarded rigorous imprisonment for life to both the accused.