HC Upholds Lifer In Patricide

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JAMMU — The J&K high court has upheld the life term handed down to man who killed his father by stone thrashing him and dragging him with the string of his underwear which he tied unto his neck.

As per prosecution, one Yashpaul murdered his father named Moti Ram in the evening of 15 January 2004 at about 8.15 PM in Billawar area of Jammu. Yashpaul had dragged his father and inflicted injuries on the head with a stone. Being a “vagabond” Yashpaul had demanded his share in the land but his father was not willing to partition the property. Police filed a case which eventually culminated in the presentation of a charge sheet against Yashpaul. The Sessions Judge charged Yashpaul with the commission of an offence under Section 302 RPC on 07 July 2004. He pleaded not guilty and claimed to be tried and, accordingly, prosecution was asked to produce evidence in support of the charge.

On the culmination of the trial, the Yashpaul was convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5000. In default of the payment of fine, He was directed to undergo imprisonment for a period of six months. Yashpaul had challenged the conviction and sentence before the high court.

“…the accused killed (his father) with a fixed immediate purpose. He took the (father) out of his house forcibly. He concealed before (him) his intention to kill him that he had in his mind. Prosecution has succeeded in discharging its burden to prove that the accused has committed the crime imputed to him,” a bench of Acting Justice Alok Aradhe and Justice M. K. Hanjura said and dismissed his plea.

“The judgment of conviction and sentence recorded by the trial court whereby the accused (Yashpaul) has been convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5000/- and in default of the payment of fine to undergo rigorous imprisonment for a period of six months is maintained and upheld.”

 

 

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