Kathua, August 17: The Court of Additional Sessions Judge, Kathua, has sentenced Matlu Bind and Raj Kumar alias Gopal to seven years’ rigorous imprisonment each for culpable homicide not amounting to murder in connection with the 2019 death of a labourer at Chamba Da Bagh.
The court also imposed a fine of ₹5,000 each under Section 304 Part-II of the Indian Penal Code (IPC) and awarded six months’ simple imprisonment under Section 323 IPC for causing hurt to another labourer. Both sentences will run concurrently, while the period already spent in custody will be set off against the sentence.
Additional Sessions Judge Pravin Pandoh passed the sentencing order on August 17, 2026, after convicting both accused under Sections 304 Part-II and 323 IPC. However, the court acquitted them of the charges under Sections 302 and 307 IPC, relating to murder and attempt to murder.
2019 Labourer Death Case
The case originated from FIR No. 345/2019 registered at Police Station Kathua following the death of Ashok Kumar Rishi on November 8, 2019.
According to the prosecution, Ashok Kumar Rishi and Sanjeet Rishi had been engaged to clean a rice mill and briquette factory at Chamba Da Bagh for ₹200 each along with a blanket each. When they subsequently returned to collect their wages, an altercation allegedly took place with the accused, who were also working as labourers at the factory.
The prosecution alleged that the accused picked up wooden planks and assaulted both victims on their heads. Ashok Kumar Rishi later succumbed to his injuries, while Sanjeet Rishi sustained head injuries.
Court Holds Murder Charge Not Proved
The trial court held that the prosecution had established the involvement of both accused in the incident but had failed to establish an intention to cause death.
The court observed that the incident occurred suddenly and in the heat of passion, without premeditation, attracting Exception 4 to Section 300 IPC. Accordingly, the offence was converted from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part-II IPC.
During the sentencing hearing, the prosecution sought the maximum permissible punishment, arguing that the convicts had attacked the victims with wooden planks despite knowing that such an assault could result in death and that a strong deterrent message was required.
On the other hand, defence counsel B.B. Bhagotra sought leniency, submitting that the convicts were young, had remained in custody since 2019, had no previous criminal record and belonged to economically weaker backgrounds.
Court Considers Aggravating and Mitigating Factors
The court considered both aggravating and mitigating circumstances while determining the appropriate sentence.
As an aggravating factor, the court noted that the convicts had inflicted blows on vital parts of the victims’ bodies despite being aware that such acts could cause death or injuries likely to result in death.
At the same time, the court considered several mitigating circumstances, including their young age, poor socio-economic background, status as labourers, clean criminal antecedents and the fact that they had been facing trial since 2019.
The court also took note of the finding that there was no intention to kill the deceased.
Supreme Court Judgment on Sentencing Considered
While determining the sentence, the court relied upon the Supreme Court judgment in Ehsaan v. State of National Capital Territory of Delhi, 2026 INSC 720, decided on July 20, 2026.
The Supreme Court had held that sentencing serves punitive, deterrent and protective purposes, while courts are required to maintain a balance between the interests of the victim, society and the accused.
The trial court noted that sentencing requires consideration of several factors, including the nature and gravity of the offence, societal interest, deterrent effect, motive, conduct of the accused, premeditation, age, previous criminal record, number of victims and the possibility of reformation.
Sentence Awarded.The court accordingly sentenced:Matlu Bind: Seven years’ rigorous imprisonment and a fine of ₹5,000 under Section 304 Part-II IPC, along with six months’ simple imprisonment under Section 323 IPC.Raj Kumar alias Gopal: Seven years’ rigorous imprisonment and a fine of ₹5,000 under Section 304 Part-II IPC, along with six months’ simple imprisonment under Section 323 IPC.
Both sentences will run concurrently. In case of failure to pay the fine, each convict will undergo an additional three months’ imprisonment.
The court directed that the period already undergone in custody be set off against the sentence.
The convicts were also informed of their right to challenge the judgment and sentence in appeal. The court directed that warrants of imprisonment be issued to the Superintendent, District Jail, Kathua.
With the passing of the sentencing order, the case was disposed of and consigned to the records. (KNC)
