Jammu, Oct 27 : Principal Sessions Judge, Jammu, R S Jain today framed murder charges against an accused and discharged another in the case. While the murder charges were framed against Nirmal Singh alias Sikki for committing the murder of one Bua Ditta, one Vicky Thappa was released for offence under section 212 of RPC. According to the police case, on June 1, 2014 at about 12.30 pm, a man had come to a shop to purchase pulses and his father, who was behind him at that time, going to their field. In his complaint, he told police that when his father reached the peepal tree at the Smailpur Nagbani crossing near here, Sikki intercepted his father Bua Ditta and asked him why he had been speaking against him. Prior to this also, he had once beaten his father and threatened to kill him for supporting the family of a girl who was abducted by him. He had later married that girl.
He said when his father told him that he had never spoken against him, the accused attacked him and started inflicting fists and blows on his head. Later, he threw him on the ground and started hitting him on his head with a stone. His father then became unconscious, he told police.
When he raised hue and cry, his younger sister Pooja and other persons rushed to the spot whereupon Sikki fled in a white Maruti. Thereafter, the complainant, his sister Pooja and brother-in-law took the injured in an autorickshaw to Marh hospital where he was declared dead.
On basis of the complaint, FIR No 207/2014 for offence under section 302/341 of RPC was registered at police station, Domana, against the accused. The judge observed that it is a question of fact and whether a quarrel is sudden or not must necessarily depend upon the proved facts of each case. Hence, the grounds relied upon by the defence for discharge would be a matter of evidence.
The facts, as appearing in the challan are that accused attacked the victim and thereafter pushing him to the ground; hit him repeatedly with a stone on the head which resulted in the death of Bua Ditta. So, whether the crime allegedly committed by accused Nirmal Singh is culpable homicide of first or second or third degree can be adjudicated only after evidence is led during the trial. In the present case looking to the evidence collected by the IO and allegations levelled against the accused, the court is of the view that at this stage of framing of charge or discharge, the material placed before it leads to grave suspicion against the accused which has not been properly explained and hence prima facie a case under section 302 of RPC is made out against the accused Nirmal Singh and framed charges against him. (JNF) |
