DB modifies life sentence to 7-year RI

TNN Bureau. Updated: 1/2/2018 11:07:06 PM

JAMMU: In a criminal appeal against life-imprisonment to accused father and two sons in an alleged murder case of one Devinder Singh alias Bhola, son of Chain Singh, resident of Ward No. 9, R. S. Pura, a Division Bench of State High Court comprising Justice Dhiraj Singh Thakur and Justice Sanjay Kumar Gupta allowed the appeal but only to the extent that instead of Section 302 of the Ranbir Penal Code, the appellants shall stand convicted for the offence of culpable homicide not amounting to murder punishable under Section 304 Part-II of the RPC and sentenced to undergo Rigorous Imprisonment for a period of seven years to one Bhagwan Dass alias Bhana, son of Bari Ram, Shiv Kumar alias Shibu and Raj Kumar alias Bittu, both sons of Bhagwan Dass. After hearing both the sides, the Division Bench observed that the appellants had not pre-planned the murder of deceased because they had not gone to anywhere to commit murder of deceased; they were not equipped with deadly weapons; it is the deceased, who suddenly passed in front of their shop; the number of injury is one, conduct of the appellants after the incident was also not brutal, because after falling of deceased on sustaining one injury, no further blows have been inflicted; accused are not habitual offenders as no such evidence of previous criminal backgrounds have been brought on record during trial and appellants belong to one family.

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