SRINAGAR: Principal Sessions Judge Udhampur YP Bourney has awarded life-imprisonment to Ashok Kumar for the murder of his wife, six years ago. A resident of Rassili Thakrai in Basantgarh area, he was facing trial for all these years.
Police investigations suggest that Kumar strangulated his wife with her dupatta during the night of May 17, 2016 when she was asleep in their bedroom and dumped her dead body in the Dhol nullah. It led to the registration of case (FIR No: 53/2016) for offence under section 302 RPC and setting into motion of the investigation, which ultimately culminated into the presentation of instant charge sheet before the Judicial Magistrate on July 18, 2016.
After hearing Public Prosecutor Koshal Kotwal for State and counsel for the accused ,Principal Sessions Judge Udhampur YP Bourney observed, that there is no doubt that Kumar killed his wife. But after taking into consideration aggravating and mitigating circumstances, the judge observed that the case does not fall in the category of ‘rarest of the rare’.
This was the reason why the convict was not hanged to death and instead given a rigorous imprisonment for life and a fine of Rs 1,00,000/- under section 302 RPC. The fine amount shall be recovered from the assets of the convict and in this behalf a separate warrant be issued in terms of section 387-A CrPC, the court ruled.
The victim in the entire case is the infant son of the victim. Th court observed that he needs to be provided with some monetary amount out of its own funds. The court directed that the child must get a compensation of two lakh rupees. The amount will be kept in a fix deposit till he attains majority but the guardian shall be at liberty to draw the interest part and use the same for the welfare of the child. The amount so determined shall be paid within one month by the Member Secretary, Jammu and Kashmir State Legal Services Authority.
