Jammu August-12-2023- Additional Sessions Judge Jammu Deepak Sethi today awarded life-impriosnment to Chandar Bhanu Sharma for the killing and abducting Kashmiri Pandit Ashok Kumar Kichloo.
According to the police case that on 30-11-2009 at the time of 02:30 hrs. the complainant in the case namely Smt. Nirmala Kichloo, caste Kashmiri Pandit R/o Kothey Sheikh, Miran Sahib attended this police station accompanied by her brother, Radhey Sham and submitted a report that:- I am resident of the address as mentioned above. By profession I am Government servant. My husband is also Govt. employee working in Planning and Statistics Department as Assistant Director. That one Chander Bhanu Sharma S/o Manohar Lal Sharma R/o Prem Nagar, Miran Sahib oftenly visits our house. Today at the time of about 9.00 P.M. in the evening (night) the said Chander Bhanu came to our house and said that our driver Vinod Kumar has met with accident who is in hospital in injured condition. He said to my husband to accompany him because my husband knew how to drive . Chander Bhanu Sharma took our vehicle Alto bearing Regn. No.JK02AG/4043 and by getting my husband sit with him he left away. The vehicle was driven by Chander Bhanu aforesaid himself. After about one hour later Chander Bhanu again came back to our house and told me that I was also called by my husband to come. I put locks etc. to my house and kept the keys in the vehicle and I sat with him in the vehicle. On reaching at fly-over at Jewel Chowk he said that the vehicle has gone out of order. He boarded off and stopped another vehicle plying on the road and asked me to sit the said vehicle and go to the hospital. He also said that after getting the vehicle repaired he would also reach at the hospital. On reaching at the hospital I did not find my husband and the driver Vinod Kumar there. I made telephone call to my brother Radhey Sham who resides at Talab Tillo. On scooter her brother came to the hospital. At about 12.00 (Night) Chander Bhanu aforesaid came to the hospital along with the car and said that it may be that the driver Vinod Kumar is shifted to Gandhi Nagar Hospital. She went to Gandhi Nagar Hospital with him. She remained seated inside in the car and he entered the hospital at Gandhi Nagar. On his return he told that it may be possible that after getting discharged the said Vinod Kumar might have returned to home and let us go to his home. I refused to go to the house of the driver Vinod Kumar with Chander Bhanu and I said that let us go to our home first. In the said car I came to my house with him. On reaching at home I found the locks of the main gate and inside the house was opened. Electric light was found on and the keys were found with the locker and the articles were found scattered. Chander Bhanu aforesaid after dropping her immediately escaped away with the Alto car. After sometime her brother Radhey Sham also came to our house on the scooter. My husband was not found present in the house. I have suspicion that Chander Bhanu after enticing her husband and in a deceitful manner has kidnapped her husband with the object to kill him. After checking the goods inside the house I shall give detail of the material as it may be possible that the goods stored inside the house might have been stolen too because two watches and one mobile phone have not been found in the house. And during the said period she was in some anxious state of mind. She has come to lodge the report. Action may please be taken . On receipt of the report aforesaid, the case was registered at this Police Station for offence under Section 364 R.P.C. and investigation of the case commenced.
2. Starting with the investigation the undersigned visited the spot of incident at the house of the complainant of the case and lockers of almirah were also found open.The facts were enquired from the complainant. On asking to the complainant theft was found committed in her house and the complainant has expressed her suspicions regarding kidnapping of her husband with the object to kill him by the above said Chander Bhanu S/o Manohar Lal caste Brahmin R/o Prem Nagar, Miran Sahib, Tehsil Ranbir Singh Pura on which the said Chander Bhanu S/o Manohar Lal caste Brahmin R/o Prem Nagar, Miran Sahib was immediately arrested and while enquiry about the incident was going on constantly from him, in the meanwhile information was received that at the place namely Muralian near Nursery one dead body is found lying. On reaching at Muralian one male body was found in critical injured condition drenched profoundly with blood. On ascertaining identification the body was found of the husband of the complainant namely Ashok Kumar Kichloo S/o Dina Nath Kichloo, caste Kashmiri Pandit R/o Kothey Sheikh, Miran Sahib.
Additional Sessions Judge Jammu Deepak Sethi after hearing APP Vikrant Sharma for the UT, observed that life imprisonment is the rule and death sentence is an exception. In other words death sentence must he imposed only when life imprisonment appears to be an altogether inadequate punishment. Having regard to the totality of the circumstances, in the considered opinion of the court, imprisonment for life is an adequate punishment for the convict in as much as it is not falling under the category of rarest of rare case. It is ordered that for the commission of offence under Section 302 of the RPC, the convict shall undergo simple imprisonment for life and for the commission of offence under Section 457 RPC, the convict shall undergo rigorous imprisonment for 02 year (two year). Both the sentences shall run concurrently, subject to confirmation of the conviction and sentence by the High Court. JNF