Udhampur April 15
Jammu, 15 April, 2023: Principal District & Session judge Udhampur Sh Haq Nawaz Zargar has awarded death sentence to a man for murdering his mother on Saturday .
As per the prosecution story, on 07.12.2014 at about 1730 hours information was received in the Police Station from the reliable sources that accused Jeet Singh with the criminal intention has murdered his mother Vaishno Devi with Iron Toka (Darat) at his house and when his wife Santosh Devi tried to rescue her, the accused also made murderous assault upon her due to which she got seriously injured and the dead body of the deceased is lying on spot in a pool of blood etc.
On the said information, police station Ramnagar registered a case vide FIR No.125/2014 for the commission of offences under sections 302/307 RPC and the investigation was started and challan was presented in the court .
After hearing Koshal Kotwal PP for U.T. of J&K and counsel for accused and Considering the statement of prosecution witness 1 & 2 who being the son and wife of the accused and also the circumstantial evidence in the form of disclosure statement of the accused, the recoveries made on the basis disclosure statement and other circumstantial evidence, which the prosecution has produced and proved before this Court, it is well established and proved that the accused has committed the offence. This clearly establishes that the crime has been committed in a most brutal manner by the convict and the deceased was none other than the one who had given birth to the convict. The deceased was a hapless and helpless widow and was unarmed without offering any resistance or provocation to the convict at the time of occurrence. It is clear that the instant crime has been committed for the reason that the convict was demanding two kanal of land from the deceased besides asking her to reside with the other son Mulakh Raj. Such kind of crimes besides being antisocial, shock the very conscious of the society where the relation of mothers are taken on highest pedestal on the moral as well as religious grounds. Cases of such nature arose intense and extreme indignation of the society, which ultimately gives ample power to the Courts to award maximum punishment for commission of such acts by the wrong doers.
Thus, on the existence of aforesaid mitigating and aggravating circumstances and evaluation thereof, this Court finds that the aggravating circumstances are much grave and serious than the mitigating circumstances. As such the instant case falls within the ambit of “rarest of rare cases” and therefore, in my pensive opinion the accused Jeet Singh does not deserves any leniency in the sentences to be awarded to him except sending the convict to gallows would be adequate. In view of the discussion made herein above and on the facts and circumstances of the case, convict namely Jeet Singh son of Krishan Singh Caste Thakur resident of Village Rassain Tehsil Ramnagar District Udhampur is sentenced to undergo rigorous imprisonment for 10 years and pay a fine of Rs.3000/- for the commission of offence under section 307 RPC and in default of payment of fine, he shall further undergo simple imprisonment for one month. The convict is also sentenced to death for the commission of offence under section 302 RPC and he shall be hanged by neck till he is dead and for the commission of offence under section 4/25 Arms Act, the convict is sentenced to undergo rigorous imprisonment of 03 years and fine of Rs. 2000/- ( Two thousand rupees only). In case of failure to pay the fine he shall further undergo rigorous imprisonment for one month. All the sentences shall run concurrently.
