Court Says Crime Does Not Fall Under ‘Rarest of the Rare’ Category; ₹50,000 Compensation Ordered for Victim’s Family
Jammu, July 11 :
A court in Jammu has sentenced Ramesh Kumar alias Mahesha to life imprisonment for the brutal murder of his neighbour, holding that although the offence was grave and heinous, it did not fall within the “rarest of the rare” category warranting the death penalty.
The sentence was pronounced by the Court of 2nd Additional Sessions Judge Jammu, Anoop Kumar Sharma, after hearing detailed arguments from both the prosecution and the defence on the quantum of punishment.
Besides life imprisonment, the Court imposed a fine of ₹50,000, directing that the amount be paid as compensation to the legal heirs of the deceased. The convict was also sentenced to one year of rigorous imprisonment under Section 4/25 of the Arms Act, with both sentences ordered to run concurrently. In case of default in payment of the fine, the convict will undergo an additional one year of imprisonment.
The prosecution had sought capital punishment, contending that the murder was premeditated and executed in a cruel manner. It argued that the convict had called his neighbour, Kartar Chand, to his residence on the pretext of urgent work before attacking and killing him with a sharp-edged weapon, amounting to a serious betrayal of trust.
The defence, however, pleaded for leniency, submitting that the convict had remained in judicial custody for more than 11 years, had no previous criminal history, maintained good conduct during incarceration, and should be given an opportunity for reformation and rehabilitation.
Rejecting the plea for the death penalty, the Court observed that while the murder resulted in the loss of a precious human life, sentencing must balance the gravity of the offence with mitigating factors, including the convict’s age, clean criminal record, socio-economic background, prolonged incarceration, and the possibility of reform.
Referring to the landmark Supreme Court judgment in Bachan Singh vs State of Punjab, the Court reiterated that life imprisonment remains the normal rule, whereas the death penalty is reserved only for the “rarest of the rare” cases where no alternative punishment would meet the ends of justice.
The Court further directed that the matter be placed before the High Court of Jammu & Kashmir and Ladakh for confirmation of the sentence in accordance with the applicable provisions of the erstwhile Jammu and Kashmir Code of Criminal Procedure. It also informed the convict of his statutory right to challenge the conviction and sentence before the High Court.
The conviction stems from a murder case registered at Police Station Domana. During the trial, the Court held that the prosecution had successfully proved beyond reasonable doubt that Ramesh Kumar had lured his neighbour Kartar Chand to his house on the pretext of urgent work and murdered him with a sharp-edged weapon.
The Court had earlier acquitted the two co-accused after concluding that the prosecution failed to establish their involvement in the crime beyond reasonable doubt. (KNC)