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| HC quashes discharge in abetment to suicide case, orders fresh hearing | | | Early Times Report
JAMMU, Aug 21: The High Court of Jammu & Kashmir and Ladakh has set aside the order of a trial court that had discharged two accused in an abetment to suicide case and directed the lower court to pass a fresh, reasoned order after hearing the parties afresh.
Justice Vinod Chatterji Koul, while pronouncing the order, allowed a petition filed by Pritam Lal, who had challenged the discharge of Gopal Dass and his wife Rama Devi in a case registered under Section 306 IPC (abetment to suicide).
The case stemmed from FIR No. 110/2023 at Police Station Akhnoor, where allegations were made that the accused had harassed and created circumstances compelling the deceased to take the extreme step. The trial court, however, discharged the accused in October 2024, holding that there was no sufficient evidence against them.
The petitioner argued that the trial court had ignored crucial material, including the suicide note and witness statements, and dismissed the case without applying proper judicial reasoning. The High Court noted that the trial court's order merely summarized facts and precedents but failed to record cogent reasons for discharge.
Justice Koul observed that at the stage of framing charges, courts are only required to see whether a prima facie case exists. "The legislature has used the expression 'there is ground for presuming that the accused has committed an offence.' This carries an inbuilt presumption once ingredients of the offence appear satisfied," the court said, citing Supreme Court rulings.
Setting aside the discharge, the High Court remanded the matter back to the trial court with a direction to reconsider the material on record and pass a speaking order in accordance with law.
With this, the petition stood disposed of.
(JNF) |
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