Principal Sessions Judge Udhampur Y. P Bourney today awarded life-imprisonment to , Ashok Kumar S/o Hem Raj R/o Rassili Thakrai Tehsil Basantgarh, District Udhampur who was facing trial for the murder of his wife for the last 6 years.
According to the police case, the accused strangulated the deceased with her dupatta during the night of 17th May 2016 when she was asleep in their bedroom and dumped her dead body in the Dhol nullah etc. It led to the registration of case vide FIR No: 53/2016 for offence under section 302 RPC and setting into motion of the investigation, which ultimately culminated into the presentation of instant charge sheet before Ld. Judicial Magistrate, 1st Class Ramnagar on 18.07.2016. The Ld. Magistrate took cognizance of the offence and committed the charge sheet to this Court for its disposal under law.
After hearing Public Prosecutor Koshal Kotwal for State and counsel for the accused ,Principal Sessions Judge Udhampur Y. P Bourney observed, that , it is no doubt true that convict had committed the murder of his wife, but after taking into consideration aggravating and mitigating circumstances, I am of the opinion that this case does not fall in the category of ‘rarest of the rare’. In view of the discussion made above and on the facts and circumstances of the case, convict is sentenced to undergo rigorous imprisonment for life and a fine of Rs. 1,00,000/- under section 302 RPC. The fine amount shall be recovered from the assets of the convict and in this behalf a separate warrant be issued in terms of section 387-A Cr.P.C.
The Judgment said that It is pertinent to mention that infant son of the victim on account of murder of deceased has been deprived of the parental care for all times to come as his mother has been murdered and father would be undergoing sentence for the offence for rest of his life. Therefore it would be imperative for this court to provide some monetary amount to the child who would be suffering in every respect and that too for all times to come. Keeping in view the peculiar circumstances of the case, I think the State is duty bound to provide some solace in the form of monetary assistance to the innocent victim out of its own funds, because it is the protector of life and property of its citizens being their custodian. Therefore, in my view, a compensation of Rupees Two Lakh will be just and reasonable amount for providing financial assistance to the victim which shall be kept in fix deposit till he attains majority but the guardian shall be at liberty to draw the interest part and use the same for the welfare of the child. The amount so determined shall be paid within one month by the Member Secretary, Jammu & Kashmir State Legal Services Authority.