Principal Sessions Judge Jammu Sanjeev Gupta today awarded life-impriosnment to Jaswant Singh S/o Jai Singh R/o Bhoper, Tehsil Akhnoor, District Jammu who murdered his wife after pouring kerosene oil.
the prosecution story as unfurled from written report ( EXT-P-2) lodged by Joginder Singh (PW-5) brother of Jyoti Devi, (hereinafter called deceased) to the Police Station, Khour on 18.10.2014, is that deceased was married with the accused about 11 years back, however accused used to often abuse and beat the deceased. It is alleged that about four years back accused had broken an arm of the deceased, regarding which a complaint was lodged to the Women Cell Jammu, however with the intervention of Panchayat the matter was compromised after accused gave in writing that in future he will not ill-treat or beat the deceased. It is further alleged that today accused after pouring kerosene oil on the deceased set her ablaze, in order to do away with her life, who is under treatment in the Medical College Jammu with 85% burns on her body. On this report case FIR No: 59/2014 for offence under section 307 RPC was registered by the Police Station Khour Unfortunately on 22.10.2014 deceased succumbed to burn injuries, due to which offence u/s 307 RPC was substituted with offence u/s 302 RPC.
Principal Sessions Judge JammuSanjeev Gupta after hearing Public Prosecutor Kulbhushan Sharma for the UT whereas Adv Anmol Sharma for the accused person observed that In the case in hand, it is no doubt true that convict had committed the murder of his wife, in a most cruel manner 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. 20,000/- under section 302 RPC. In default of payment of fine, the convict shall undergo simple imprisonment for three months.
Besides the imposition of aforesaid sentence awarded to the convict, I would like to state that the minor children of the victim on account of brutal murder of deceased must have suffered tremendous amount of pain and agony. Realizing the need to provide some monetary amount to the victims of certain crimes including rape and murder etc. or their dependents who had suffered loss or injury as a result of the crime, The Jammu & Kashmir “Victim compensation Scheme” Sub Section I of S. 545 of CrPC has been made applicable to the State of Jammu & Kashmir vide Notification dated 23.04.2013 under SRO 229 and as per schedule to the Notification, different amounts have been mentioned for financial help to the victims of crime or their dependents. In case of murder, rupee one lakh has been provided as maximum limit of compensation which now as per SRO 394 dated 09.09.2013 revised to a maximum limit of compensation for loss of life and has been raised to rupees two lakhs. Upon this Court observed that in my view, a compensation of Rupees Two Lacs will be just and reasonable amount for providing financial assistance to the children of the deceased, which shall be paid within one month by the Member Secretary, Jammu & Kashmir State Legal Services Authority. JNF