Man who bludgeoned father to death with bricks gets life term
Mohali, Feb. 28 -- A special court in Mohali convicted a man for murdering his father by repeatedly hitting him with bricks outside their house in Mundi Kharar and sentenced him to life imprisonment.
Pronouncing the judgment, a case registered at Police Station City Kharar, the court convicted the accused identified as Rinku under Section 302 of the IPC for the murder committed on the night of February 12, 2020. The victim identified as Hans was found lying on a heap of bricks outside his house near Gurdwara Sahib, with severe head injuries and blood smeared across his face.The court held that the accused, angered by intoxicants, attacked his father with bricks, causing his death.
The prosecution case rested on forensic evidence. The court reproduced the conclusion of the Central Forensic Science Laboratory's DNA report, which stated that the bloodstains on the accused's clothes matched the deceased's DNA profile. The blood recovered from the bricks and other samples collected at the scene also matched the deceased.
Relying on Supreme Court precedent, the court observed that DNA profiling is "an extremely accurate way" to compare crime scene evidence and that such identification is "almost hundred percent precise." It held that once the prosecution established that the blood on the accused's clothes belonged to the deceased, the burden shifted to the accused to explain the incriminating circumstance. The accused, however, failed to offer any explanation as to how his father's blood came to be on his clothes.
The court rejected the defence plea of false implication, noting that the accused neither proved any enmity with the police nor showed that he had approached higher authorities with a complaint of being framed.
It further held that the chain of custody of the forensic samples remained intact and that there was no evidence of tampering at any stage.
Addressing the defence argument regarding the delay in lodging the FIR, the court observed that the incident occurred late at night on February 12 and the FIR was registered on February 13 after police reached the spot, shifted the body and recorded the complainant's statement. It ruled that the delay stood properly explained and did not affect the prosecution case.
On alleged contradictions in witness statements, the court cited a recent Supreme Court ruling to stress that "minor inconsistencies, contradictions and deficiencies" cannot be elevated to the level of reasonable doubt. It observed that a reasonable doubt must be serious and based on reason, not trivial discrepancies, and cautioned that misapplication of the principle could allow actual culprits to escape punishment.
While the prosecution sought the death penalty, arguing that the case fell within the "rarest of rare" category, the court disagreed. Referring to established law that life imprisonment is the normal rule for murder and death penalty, an exception requiring special reasons, it held that the present case did not meet that threshold.
The court sentenced the convict to rigorous imprisonment for life and imposed a fine of Rs.20,000, with six months' additional imprisonment in default of payment. It concluded that the prosecution had proved beyond reasonable doubt that the accused murdered his father by striking him with bricks, and that the scientific evidence firmly established his role in the crime....
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