Jammu Nov-10-2023– 1st Additional Sessions Judge Jammu Virender Singh Bhou today awarded life-imprisonment to husband Aman Kumar alias Kaka who killed his wife Mst. Isha Sharma for dowry.
Shorn of unnecessary details, the factual matrix for presentation of this challan is that on 24.09.2015 at 2200 hours an information was received in Police Station Bishnah that around 9:30 pm one Mst. Isha Sharma W/o Aman Sharma R/o Bhatyari had fallen into canal near village Deoli and was not found thereafter. Report was entered in the DD and SHO alongwith ASI Bishan Dass and others went on spot and started search. Relatives of deceased, villagers and police kept searching for the deceased but the dead body was found next day on 25.09.2015 at 11:30 am from canal at Harsa Dabber. SHO Surinder Pal Singh, Inspector wrote a docket about recovery of dead body and death caused under suspicious circumstances to police station Bishnah consequently proceeding under section 174 Cr.P.C. vide rapat no.10 was initiated by ASI Durga Dass on 25.09.2015 who recorded the statements of Sonu Sharma brother of the deceased, Arun Sharma, Varinder Sharma, Sh. Durga Dass ASI after recording the statements of these three witnesses recommended the case on 06.10.2015 for registration of an FIR under section 302 RPC against the accused and the case file with recommendations was handed over to SHO PS Bishnah on the same day and FIR came to be registered at 7:00 pm on 06.10.2015 for offence under section 302 RPC.
1st Additional Sessions Judge Jammu Virender Singh Bhou after hearing APP Manzar Khayam for the UT, observed that Murder herein is outcome of dowry demand and wife being less educated and sick and the convict wanted to get rid of her. A distinction should be made between a dreaded and hardened criminal and ordinary criminal while sentencing the convict. It is not only the duty of the Court but social and legal obligations are clearly enjoined upon it to impose adequate punishment according to law while taking into consideration not only the crime, but also the criminal. Furthermore, deterrence and reformation are primarily social goals, which make deprivation of life and liberty reasonable as penal panacea. Retributive theory as on day is no longer valid. Sentence of death is only deterrent and preventive, but sentence of imprisonment for life is in addition to deterrence and preventive, also gives a chance to the criminal for reformation and of repentance while undergoing life imprisonment in the jail.
With these observations, the Court held that the convict, namely, Aman Kumar, therefore, is sentenced to undergo rigorous imprisonment for life for the commission of offence under section 302 RPC and pay a fine of Rs. 10,000/-. In case of default of payment of fine the convict shall undergo further simple imprisonment of two months. He is further convicted for the commission of offence under section 498-A RPC to undergo rigorous imprisonment of 2 years and pay a fine of Rs. 1000/- and in default of payment of fine he shall undergo simple imprisonment for one month. All the sentences shall run concurrently. JNF