Court awards seven years RI in 304-II


Jammu, Dec 13: 1st Additional Sessions Judge Srinagar Khursheed Ul Islam awarded seven years rigorous imprisonment to Mukthar Ahmad Shahin 304-II RPC (culpable homicide not amounting to murder).
According to the police case that Gulzar Ahmad Mir S/o Wahab Mir R/o Gulab Baghhas stated that the deceased was his brother. He was having an orchard at Ahmad nager. On 06.06.2018 he had gone to irrigate the orchard. After offering Asar prayer at 5.30 p.m he asked his brother to get the cattle from the orchard, his brother took the cattle from the orchard and told him to remain in the orchard so that nobody stops the water supply to the orchard. After 10/15 minutes, the accused Mukthar Ahmad Shah came to the orchard and he told him not to stop the water supply, he asked him whether the water is required to the paddy field or to the orchard. He replied that he is right but the government has issued an advisory not to cultivate the paddy this year due to scarcity of water. The accused Mukthar Ahmad Shah did not agree and diverted the water towards his orchard. He informed his brother that the accused Mukthar Ahmad has diverted the water supply despite the objection raised by him. The deceased replied that he will be coming within five minutes on spot. After five minutes, his deceased brother came on spot and asked him as to who has disconnected the water supply. He replied that it was the accused Mukthar Shah who has disconnected the water supply, the deceased pushed the accused Mukthar Ahmad Shah, on this incident the accused made a phone call to his home informing them to come immediately on spot, as the decea-sed has stopped the water. Two/four people came on spot and in the meantime two girls the accused No. 3 & 4 came and caught hold the hands of the deceased. The accused Mukthar Shah told that they will eliminate both of the brothers. The accused Mukthar Ahmad Shah gave a blow of lathi on the head of the deceased. He tired to save the deceased & while rescuing he rece-ived one blow of lathi on his hand.
1st Additional sessions Judge Srinagar KhursheedUl Islam after hearing both the sides observed that in the facts and circumstances of the case, on one hand an innocent life has been lost on the minor issue of irrigation of the field and the blow which was inflicted on the head of the deceased was so severe that the deceased has died within a couple of days after the blow. The nature of the crime committed and the manner in which it was committed are the decisive factors to decide as to whether corrective measures should be adopted or a deterrence based approach would be befitting. The sentence must adhear to the principles of the proportionality of the punishment and to the gravity of offence. As the injury was inflicted on the vital part of the body of the deceased. Undue sympathy and unwarranted leniency impair the cause of justice. The act of the accused falls under the category 304-II RPC, which provides the maximum punishment that may extend to 10 years or with fine or both. Whereas keeping in consideration the fact that the accused has no criminal background and is the only male member in the family and the manner in which the said offence was committed, the accused No.1 being convicted u/s 304-II is sentenced to rigorous imprisonment for seven years and fine of Rs. 10,000/- and in default of payment of fine, the accused will undergo further imprisonment of three months, Court ordered. JNF

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