Neighbour’s murder not ‘rarest of rare’, Court awards life term

12/07/2026

JAMMU, Jul 11: A Jammu court has sentenced a man to life imprisonment for the 2015 murder of his neighbour, holding that while the offence was grave and resulted in the loss of a human life, it did not fall within the "rarest of rare" category warranting the death penalty.
Second Additional Sessions Judge Anoop Kumar Sharma awarded life imprisonment to Ramesh Kumar alias Mahesha, who was convicted under Section 302 of the Ranbir Penal Code and Section 4/25 of the Arms Act in connection with FIR No. 19/2015 registered at Police Station Domana.
The sentence was pronounced after hearing Additional Public Prosecutor Sarfraz Ahmed for the prosecution and Advocate Shah Rukh Rashid for the convict on the quantum of punishment.
Seeking capital punishment, the prosecution argued that the convict had executed a pre-planned murder by luring the deceased, who trusted him as a neighbour, into his house before committing the crime. It submitted that the brutal act had shaken the social fabric and warranted the maximum penalty.
The defence, however, pleaded for leniency, submitting that the convict had remained in jail for more than 11 years, had no previous criminal antecedents, maintained good conduct in prison and belonged to a modest socio-economic background. It also argued that the case did not qualify as one of the "rarest of rare" cases.
After considering the rival submissions, Judge Sharma observed that while the offence was undoubtedly serious, sentencing must also take into account mitigating factors, including the absence of criminal antecedents, the convict's socio-economic background and the possibility of reformation and rehabilitation.
Relying on the Supreme Court's landmark judgment in Bachan Singh vs State of Punjab (1980), the court held that life imprisonment is the rule and the death sentence can be imposed only in exceptional cases falling within the "rarest of rare" doctrine.
Holding that the present case did not meet that threshold, the court sentenced Ramesh Kumar to imprisonment for life and imposed a fine of Rs. 50,000, directing that the amount, upon recovery, be paid to the legal heirs or dependants of the deceased. In default of payment, the convict will undergo an additional one year's imprisonment.
The court also sentenced the convict to one year's rigorous imprisonment under Section 4/25 of the Arms Act, directing that both sentences would run concurrently.
As required under the erstwhile Jammu and Kashmir Code of Criminal Procedure, the court directed that the case record be forwarded to the High Court of Jammu & Kashmir and Ladakh for confirmation of the life sentence. It also informed the convict of his right to file an appeal before the High Court within 14 days.

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