New Delhi: In the case of 1996, where to seven persons were charged for murdering a Student, in relation to the contest of College elections in Dehradun, the honourable Top Judicial authority has now confirmed the life term imprisonment of those seven accused persons.
It was specified by the Apex Court’s Bench comprsing of Justice, P. C. Ghose and Justice, R. K. Agrawal that it can not rule out the possibility in that case, of having killing the deceased-Student with the Common Intention.
Earlier, in the said case of killing Student, there was a judgement of Hon’ble High Court of Uttarakhand, where the said seven accused persons namely, Rishi Kumar, Dheeraj Kalra, Nitin, Som Prakash, Saurabh, Sanjeev Kumar and Bhagat Singh were punished to suffer life imprisonment for killing deceased-Student, Mr. Alok Chandana.
Deceased- Student, Mr. Alok was refusing to withdraw his candidature from the election of College, and this had resulted in his murder by the said seven offenders, against whom the Bench has confirmed the decision of honourable High Court of Uttarakhand, which was passed in the month of April, last year, as to sending them behind bar to suffer life term jail.
The Bench while confirming said High Court’s decision in the appeals of 7-Accused persons observed that even if the Court would have assumed that there was no such Common Object, the possibility of arising the same on the spur of the moment for killing the deceased- Student, cannot be ruled out looking to the fact of obstructing the said deceased and others in contesting College Election. And, as further said, to substantiate the same possibility of Common Object behind killing Student, the actions of the accused persons and the injuries which were found on the person of the Student- deceased are considerable.
At the very foot of the case, the Trial Court was found convicting these offenders within the provisions of IPC’s section 302 for ‘murder’ and of section 149 for ‘Unlawful assembly’.
The Bench has also pointed the flaws which the investigation in the present case was suffering, in relation to the non-recovery of the used Weapon in committing crime and also of the blood stained cloths, immediately.
As such the sentence of life term jail, which was awarded by the Trial Court in the case, was first confirmed by the honourable High Court concerned and now the same is also found confirmed by Supreme Court of the country.
by Faim Khalilkhan Pathan.