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| Court discharges accused at the stage of framing charges | | | Early Times Reporter
Jammu | May 24
Principal Sessions Judge Jammu Mr. JR Kotwal has discharged Bhupinder Singh s/o Mohan Singh r/o Ajit Nagar Satwari from the charges of committing offence of attempt to murder.
According to the case on August 17, 2007 Ranjit Singh lodged a written report with P/S Satwari in which he stated that he and his wife were on their way to Jammu city in their Maruti Vehicle. A truck NO JK02C-1985, being driven by accused Bhupinder Singh came to over run their vehicle near the hand-pump at Ajit Nagar. The complainant tactfully entered in his car in a by-lane and thereby succeeded in escaping attempt on their life by the accused and a case under FIR NO 131/2007 registered. After completion of the investigation challan was presented in the Court of law.
Adv Satinder Gupta appearing for the accused submitted that earlier the informant and his accomplice attacked on the accused due to which they are facing trial before this Court. In order to deter him to pursue his case the informant has now lodged false case against the accused.
Principal Sessions Judge, after hearing Public Prosecutor appearing for the State and Adv Satinder Gupta appearing for the accused and going through the case, observed that a plain reading of the narration given by the informant in his statement u/s 161 Cr PC would show that the accused had sufficient time and opportunity to hit the car of the informant but he did not do so. The statement rather shows that the accused did not even intend to hit the car; he could have done so had he intended. The conduct of the accused was unusual indeed and apparently sufficient to annoy the informant and his wife, even to create panic of imminent assault in their mind. However, causing of annoyance or apprehension of imminent assault does not amount to an attempt to commit an offence or attempt to commit murder. With these observations Court discharged the accused at the stage of framing charges. JNF |
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