Additional district and sessions judge Shalini S Nagpal on Tuesday awarded seven-year jail to two brothers held guilty of culpable homicide not amounting to murder for injuring a resident of Khuda Alisher leading to his death.
“It was a single head injury... had the accused wanted to kill they would have given more blows. The accused were aware that the injury may lead to death but the intention to kill was not there,” reads the order awarding sentence to Harinder Kapila, 25, and Surinder Kapila, 22, residents of Khuda Alisher. The court had imposed a fine of ? 21,000 each on the convicts.
The duo was arrested on August 31, 2010, for attacking Ashish Pathania with rods leaving him injured. The victim remained in coma for about 45 days before he died.
Complainant and eyewitness in the case Anil Kumar, an auto driver, said, “In the evening I had parked the rickshaw and started walking back home with my brother Praveen and his friend Ashish when suddenly Harinder and Surinder attacked us with iron rods and sticks.”
He identified the accused which led to conviction.
“I somehow managed to escape from the spot, but Ashish sustained head injury. Praveen too had sustained injuries. Ashish fell unconscious and accused fled from the spot. Before fleeing, the accused threatened that they would attack even if we survived,” added Anil while testifying before the court.