Principal Sessions Judge Udhampur Y P Bourney awarded life imprisonment to one Ashok Kumar for killing his wife Rekha Devi on May 17, 2016.
After hearing Public Prosecutor Koushal Kotwal for the UT whereas Advocate Mohd Shafi for the accused, the Principal Sessions Judge observed, “after taking into consideration aggravating and mitigating circumstances, I am of the opinion that this case does not fall in the category of rarest of the rare”.
On the facts and circumstances of the case, convict is sentenced to undergo rigorous imprisonment for life 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 directed.
“The infant son of the victim on account of murder of deceased has been deprived of the parental care for all times to come as his mother has been murdered and father would be undergoing sentence for the offence for rest of his life. Therefore it would be imperative for this court to provide some monetary amount to the child who would be suffering in every respect and that too for all times to come”, the Judge said.
Pointing towards the Jammu & Kashmir Victim Compensation Scheme, the Judge said, “I think State is duty bound to provide some solace in the form monetary assistance to the innocent victim out of its own funds, because it is the protector of life and property of its citizens being their custodian”.
“Therefore, in my view, a compensation of Rs 2 lakh will be just and reasonable amount for providing financial assistance to the victim which shall be kept in 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 & Kashmir State Legal Services Authority”, the Principal Sessions Judge said.
