Murder over land dispute

Court awards rigorous life-imprisonment to two real brothers

Jammu Tawi, April 20
Additional Sessions Judge Jammu Mohd Akram Chowdhary today awarded rigorous life-impriosnment to two real brothers namely Tirath Ram and Bali Ram who were involved in murder case over a dispute of land. Prosecution case against the aforementioned convicts was that on October 4, 1996 at about 9:00 A.M, they were raising construction /repairs of their house which they had already constructed forcibly on a disputed piece of land measuring 05 marlas at Gangoo Chak, Tehsil Jammu, claimed to have been purchased by the complainant Bua Ditta from one Chuni Lal brother of the accused Des Raj, vide a sale deed after handing over the possession to the complainant and the land had been mutated in his favour. Accused, however, were alleged to have forcibly occupied the said land and the complainant filed a civil suit against the accused which was subjudice in the court of Ld. Sub-Judge Jammu. The complainant alongwith his son Shiv Kumar and daughter Shakti Devi went to the place of occurrence and protested/ objected to the ongoing construction work ; that accused hurled abuses and thereafter went inside their house and came back armed with weapons, Tirath Ram with his service pistol and Des Raj (now dead) and Bali Ram holding ‘ Kehies’ in their hands ; that accused Des Raj and Bali Ram attacked the complainant with ‘ Kehies’, whereas, accused Tirath Ram, who is a policeman, fired at them with his official pistol, causing multiple grievous injuries to the complainant Bua Ditta, as well as his son and daughter, due to which his son namely Shiv Kumar succumbed to his injuries in GMC Hospital on the same day and on the basis of preliminary statement of Bua Ditta, a case was registered vide FIR No. 131/1996 at Police Station Kahna Chak against the accused for the commission of offences punishable under sections 302/307/34 RPC and 4/25 Arms Act. Des Raj had died during trial, as such, prosecution against him was abated. Accused Tirath Ram and Bali Ram were convicted by this court vide judgment dated 19.04.2017 for the commission of offences punishable under sections 302/ 307/34 RPC and section 30 of Arms Act. 1st Additional Sessions Judge Jammu Mohd Akram Chowdhary after hearing APP Ajay Singh Manhas appearing for the State observed that convicts Tirath Ram and Bali Ram each are , therefore, sentenced to rigorous life imprisonment and fine of Rs. 10,000/- for the commission of offence under section 302 RPC and to rigorous imprisonment for ten years and fine of Rs. 10,000/- for the commission of offence punishable under section 307 RPC. Accused Tirath Ram is also sentenced to undergo a simple imprisonment for six months for the commission of offence punishable under section 30 Arms Act. All the substantive sentences of the imprisonment shall run concurrently. The period of detention undergone, if any, by the convicts during investigation or as undertrials shall be set off under rules. In default of payment of fine, the defaulting convict shall undergo further simple imprisonment for a period of one year. Fine, if realized 50% of it shall be paid to the injured Pws Bua Ditta and Shakti Devi in equal shares as compensation in terms of Section 545 CrPC and rest shall be remitted to government exchequer. It is also recommended to the District Legal Services Authority Jammu to pay compensation as admissible under the Victims Compensation Scheme framed in terms of Section 545-A CrPC, for the death of deceased Shiv Kumar S/O Sh. Bua Ditta R/O Gangu Chak Tehsil and District Jammu, to his next kiths and kins. —JNF

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