Observing that the case did not fall into the rarest of rare category, Additional Sessions Judge (ASJ) Kamini Lau sentenced the convict Virender to rigorous imprisonment for life and imposed a fine of Rs one lakh on him under section 302 (punishment for murder) of the Indian Penal Code.
"After having considered the submissions made before me and the various aggravating and mitigating factors, his case does not fall within the category of 'rarest of rare'.
"The convict is sentenced to rigorous imprisonment for life and fine for a sum of Rs 1,00,000 for the offence under Section 302 of the Indian Penal Code (IPC)," ASJ Lau said.
The court in its order observed that the only mitigating factor in the present case is that the convict is not a habitual criminal and not involved in any other case.
However, as he had committed the murder of his co-brother (sandhu) Joginder in cold blood, suspecting his illicit relations with his wife, the convict "had abused and misused the confidence and trust reposed in him" by the family of the deceased, it said.
The convict's wife and the spouse of the deceased were sisters.
Counsel for the defence had pleaded that a harsh view should not be taken against the convict as he is not a habitual criminal and is the sole earner in his family.
The convict Virender suspected that his wife was having an affair with the deceased and on the night of September 1, 2006, he had taken Joginder along with him on the pretext that they were going to Haridwar, the prosecution said, adding that the very next day, Joginder's dead body was found lying in a sugarcane field, with his throat slit.
The convict was later arrested on the suspicion raised by the relatives of the deceased and through him the police had recovered the murder weapon as well as the personal belongings of the deceased, including a wrist watch and gold chain.
The court also directed that "the total fine of Rs one lakh if recovered, shall be given to the wife of the deceased as compensation." PTI HMP
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