LAWS(J&K)-2009-2-10

RAM PAUL Vs. STATE OF JAMMU AND KASHMIR

Decided On February 16, 2009
RAM PAUL Appellant
V/S
STATE OF JAMMU AND KASHMIR Respondents

JUDGEMENT

(1.) IMPUGNED is the judgment dated 8. 9. 2005 passed by the learned Sessions Judge, kathua whereunder appellant has been convicted and sentenced for having committed offences punishable under Sections 302, 458, 307, 325, 324 and 323 RPC has been awarded life imprisonment for commission of offence under Section 302 RPC and fine of Rs. 5,000, in default to undergo six months imprisonment. For commission of offence punishable under Section 458 RPC has been awarded rigorous imprisonment often years and fine of Rs. 5,000, in default has to undergo one year's rigorous imprisonment. For commission of offence punishable under Section 307 RPC has been awarded ten years rigorous imprisonment and fine of Rs. 3,000, in default has to undergo rigorous imprisonment of four months. For commission of offence punishable under Section 325 RPC has been awarded rigorous imprisonment of three years and fine of Rs. 1,000, in default has to undergo rigorous imprisonment of two months. For commission of offence punishable under Section 324 RPC has been awarded rigorous imprisonment of two years and fine of Rs. 1,000, in default has to undergo rigorous imprisonment of two months. For commission of offence punishable under Section 323 RPC has been awarded rigorous imprisonment of one year and fine of Rs. 1,000, in default has to undergo rigorous imprisonment of two months. All the sentences to run concurrently.

(2.) THE factual background of the case is that the Police has swung into action on the report lodged by Yashpal, son of the deceased to the effect that in the intervening night of 21-22. 9. 1998 at about 2. 30 a. m. , wife of Tarseem Kumar (hereinafter referred as victim) raised alarm whereupon he, his wife (Kamla Devi) accompanied by Smt. Nirmal kumari, sister, Shano Devi, mother and faquir Chand. father rushed to the room of the victim. Shano Devi first entered the room, accused Ram Paul caught hold of shano Devi then and there strangulated her to death, he (Yashpaul) and others tried to rescue Shano Devi but accused attacked them with 'drat' with intent to kill them, inflicted injuries upon them and ran away. Thereafter victim narrated to them that accused Ram Paul entered her room with 'drat' forcibly and had sexual intercourse with her against her Will.

(3.) THE registration of the case as Crime no. 117/1998 Police Station, Hiranagar culminated in presenting the charge-sheet (challan) to the effect that the accused during investigation is established to have committed offences punishable under Sections 458, 376, 302, 307, 326 and 325 RPC. Trial of the case ended in conviction and sentences detailed hereinabove.