Court awards life-imprisonment to husband & ors

19/02/2021

Jammu, Feb 18: 2nd Additional Sessions Judge Jammu Virender Singh Bhou today awarded life-impriosnment to husband Shakti Kumar and one Nisha Devi in murder of one Suman Devi.
2nd Additional Sessions Judge Jammu Virender Singh Bhou after hearing APP DP Singh for the UT observed that Extra marital and illicit relations between accused no. 1 and 2 have led to an unsavory and ghastly act, alleged to have been committed by accused no.1, which has resulted in the death of one Suman Devi (hereinafter referred to as "deceased"), who happens to be wife of accused no.1.
Brief facts giving rise to the instant challan are that on 17-05-2014 at about 22:40 hrs, one constable namely Pawan Kumar No. 2478/J posted at Police post Jourian presented a copy of report no. 21 dated 17-05-2014 in police station Akhnoor that at about 22:00 hrs dated 17-05-14 where he had gone along with other officials with reference to daily diary report no. 20 for recording the statement of injured Suman Devi wife of Shakti Kumar Caste Bharamin resident of Bandhwal Colony Jourian, Akhnoor. On enquiry by the police injured stated that she was the resident of Bandhwal Colony Jourian, Akhnoor. Mst. Nisha Devi had instigated her husband, namely, Shakti Kumar as she was having illicit relation with the husband of the injured and her husband on abetment of that lady in order to kill her poured kerosene on her and set her ablaze.
2nd Additional Sessions Judge Jammu Virender Singh Bhou after hearing APP DP Singh observed that Murder herein is outcome of the illicit relations of convicts Shakti kumar and Mst. Nisha Devi. A distinction should be made between a dreaded and hardened criminal and ordinary criminal while sentencing the convict. It is not only the duty of the Court but social and legal obligations are clearly enjoined upon it to impose adequate punishment according to law while taking into consideration not only the crime, but also the criminal. Furthermore, deterrence and reformation are primarily social goals, which make deprivation of life and liberty reasonable as penal panacea. Retributive theory as had its days and is no longer valid. Sentence of death is only deterrent and preventive, but sentence of imprisonment for life is in addition to deterrence and preventive, also gives a chance to the criminal for reformation and of repentance while undergoing life imprisonment in the jail. Certainly, the nature of sentence of life is incarceration till death of the convict. By adopting the analogy as has been held in the aforesaid citation by their Lordships to the facts and circumstances of the present case, it can be safely said that the case does not fall in the category of rarest of the rare case. It is settled principle of law that imprisonment for life and fine is a rule and death penalty is an exception for commission of offence of murder punishable under section 302 RPC.
Court ordered that the convict, namely, Shakti Kumar son of Munshi Ram resident of Bandhwal Colony Jourian Tehsil Akhnoor, therefore, is sentenced to undergo rigorous imprisonment for life for the commission of offence under section 302 RPC and pay a fine of Rs. 10,000/-. In case of default of payment of fine the convict shall undergo further simple imprisonment for two months. The convict, namely, Mst. Nisha Devi wife of Parshotam Lal resident of Jakh Tehsil and District Samba is sentenced to undergo rigorous imprisonment life and pay a fine of Rs. 10,000/- for commission of offence under sections 302/109 RPC. In case of default of payment of fine the convict shall undergo simple imprisonment for two months.

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