Additional Sessions Judge Kathua Kamlesh Pandit awarded life-imprisonment to brother for killing her real sister.
“It is a case of murder of a sister committed by her unbridled brother without any grave and sudden provocation. The law stands settled that the sentence of death is to be imposed in what is described as rarest of rare cases”, the court said, adding “the accused person/ convict disregarded the noble relation. The case at hand is almost on the boarder of the rarest of the rare cases”.
“The circumstances of the case on record do not constitute this to be a rarest of rare case. The offence of murder itself is a gruesome act but that itself is not sufficient to bracket the convict to be a menace and threat to the harmonious and peaceful coexistence of the society”, the court further said, adding “having regard to the facts and circumstances of the case and age of the convict, the capital punishment is not awarded to the convict. The interest of the justice would be subserved in case the convict is sentenced to imprisonment for life”.
During the course of hearing, APP submitted that the murder was committed with the motive to get rid of the deceased as she was an important witness against the accused in his earlier murder case of his other sister registered under FIR No. 680/2011 u/s 302/201 RPC of Police Station Rajouri. It has been further argued that the accused while committing murder of the deceased did not display any remorse for committing the death of his real sister and has already committed the murder of his yet another sister in which he has absconded and his survival is threat to the society.
