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| DB dismisses appeal with direction to Law Department | | Acquittal appeal filed by State in Murder case | | Jammu, June 6: A Division Bench of the State High Court Comprising Justice Virender Singh and Justice Janak Raj Kotwal in a criminal acquittal appeal filed by State of J&K in a murder case in which then Principal Sessions Judge Jammu had acquitted Sunil Kumar S/O Karan Singh ,R/O Rangpur Mulliana, Teshil R.S. Pura and Sita Devi Wd/o Rattan Lal R/O Korotana,Tehsil R.S.Pura from the charges of murder and conspiracy, dismissed the appeal filed by the State and also dismissed the application for condonation of 137 days in filling the appeal.
While dismissing the acquittal appeal filed by the State, Division Bench after hearing Senior Additional Advocate General Gagan Basotra referred to the observations made by then Principal Sessions Judge Jammu ( Kartar Singh, now retired) in which he observed that "Before concluding, it is worthwhile to mention here that when the judgment was being dictated in the office chamber, the pp barged into the room and uttered derogatory remarks by saying that this case has been disposed off as if it is an application under section 107 Cr.PC. Though the words uttered by the PP were derogatory and contemptuous but even then the court exhibited patience. It is pointed out that either the PP does not know alphabets of law or he was taken by surprise while disposing of the case in which he might have some interest and what that interest can be, needs no elaboration."
Division Bench took a serious note as in view of the Court such conduct of a Public Prosecutor makes out a prima facie case of misconduct and directed the appointing authority i.e. Department of Law, Justice and Parliamentary Affairs J&K for taking appropriate action against the concerned Public Prosecutor and also directed that copy of this order be conveyed to the Chief Secretary of State for information and compliance.
According to the police case that on December 21, 2011 the complainant Dharam Pal lodged a written report in the police station R.S.Pura. During the investigation it was found that the accused Sunil Kumar was having illicit relations with the accused Sita Devi Widow of the deceased since long and the deceased came to know about it. The deceased also saw both them in a compromising position. But the accused Sita Devi did not admit it and the deceased used to ask his wife Sita Devi not to meet the accused Sunil Kumar but she did not pay any heed to the advice of her husband and she did not like such advice.
The deceased also informed the village Panchayat and his other relatives about the illicit relations of the accused and asked them to advice them. He apprehended that his wife the accused Sita Devi might get him murdered through his lover Sunil Kumar. Despite all this, the accused Sita Devi managed contact with his lover Sunil Kumar on telephone. (JNF) |
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