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| HC refuses relief to murder accused | | | Early Times report
Jammu, Jan O8- Justice Vinod Kumar Gupta of J&K High Court Jammu Wing in a petition filed by one Shamsher Singh, against whom the Additional Sessions Judge Jammu has framed charges u/s 302 RPC and Arms Act, has dismissed the petition as the Trial Court has properly exercised his jurisdiction in framing charges against the accused.
Justice Gupta, after hearing Adv Sunil Sethi appearing for the petitioner and Additional Advocate General PC Sharma appearing for the State, observed that the Court feels that impugned order does not require any interference at this stage and the Additional Sessions Judge Jammu has properly exercised his jurisdiction in framing charges against the accused. The court further observed that it is settled position of law, the charge can be altered at any stage subsequent to the framing of the charges and the accused/ petitioner is at liberty to move an application for the same in case the prosecution evidence recorded in the Court suggests so at any stage. With these observations Court dismissed this petition.
According to the prosecution case police station Gangyal received information through a reliable source on June 4, 2007 that two parties are having inimical relations regarding a plot of land and on that day at 9 am at Purmandal Morh, the complainant party armed with "Tokas" stopped the car of the accused and attacked upon him with "Tokas". The accused petitioner Shamsher Singh fired two shots from his revolver which hit Vijay Kumar who died on spot. Shamsher Singh ran away in his car and the dead body was lying on spot. On this information FIR U/S 302 RPC r/w section 3/25 Arms Act was registered by the police and investigation taken up and after completion of the investigation challan was presented in the Court of law. The Additional Sessions Judge Jammu found that a prima-facie case for commission of offences U/Ss 302 RPC and Indian Arms Act was laid out against the accused petitioner and thereby framed charges on January 15, 2008. The petitioner being aggrieved by this order challenged the impugned order on the ground that no offence is made u/s 302 RPC.JNF
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