SC upholds life sentence for murder over Rs 5

New Delhi, May 1 (UNI) The Supreme Court has dismissed the appeal against life imprisonment for a man Labha who murdered one Umra when he demanded repayment of Rs 5 given by him on October 31,1985.

The sentence of life imprisonment was awarded to Labha by the trial court and upheld by the Uttaranchal now Uttarakhand high court.

A bench comprising Justices S B Sinha and Markandey Katju in its judgment dated April 27 while upholding the sentence ruled," We therefore are of the opinion that it cannot be said that there had been no debasement or appellant did not take undue advantage of the situation and /or there was a total absence of cruelty. We are further of the opinion that there being no provocation on the part of the deceased, it is not a case where only an offence under section 304 part II of the Indian Penal Code is made out. The appeal for the aforementioned reason is dismissed." In all four accused were tried but three were acquitted by the trial court holding that common intention cannot be proved against the three as nobody probably in their wildest dream could have thought that a petty dispute relating to demand of Rs 5 would lead to the murder of the deceased.

The appellant was carrying a big knife in his hands and was exhorted by his mother to kill Umra.

UNI