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| Trial Court awards life-imprisonment in murder case | | DB orders expeditious retrial of the case; grants bail to convict | | Early Times Report
Jammu, Apr 02- In the rarest of the rare case where the Trial Court awarded life imprisonment the DB directed retrial of the case. Setting aside the judgment of the Trial Court, the Division Bench of Jammu and Kashmir High Court today ordered remanding the case to the Trial Court for fresh examination of the appellant u/s 342 Cr PC and thereafter proceeding with the trial in accordance with law expeditiously so as to conclude it preferably by the end of September 2009. The Trial Court may for the purpose, accordingly take up the case every week to ensure its early disposal.
With these observations and directions DB granted bail to the accused who was awarded life-imprisonment.
Division Bench comprising Justice JP Singh and Justice Sunil Hali in a landmark judgment directed retrial of a murder case in which the Trial Court on November 28, 2007 awarded life-imprisonment to appellant Dhoop Singh for committing murder of Shankri Devi.
The DB, after hearing Additional Advocate General SC Gupta appearing for the State, observed that all the circumstances appearing in the evidence against the appellant have not been put to him for the explanation, yet DB do not subscribe to the submissions of counsel for the parties that this omission would vitiate the trial. The trial gets vitiated only if there is total absence of the examination of accused in terms of section 342 Cr PC and said that appellant’s retrial becomes necessary for yet another reason that the Trial Court has failed to apprise the evidence of the prosecution witnesses in coming to the conclusion as to whether or not their statements were believable and in recording positive findings about the proof or otherwise of circumstances leading to the appellant’s guilt or innocence.
DB find that the Trial Court has omitted to consider as to whether or not the case projected against the appellant in the event of finding him guilty, would amount to murder or culpable homicide or any other offence punishable under the RPC. In this view, the DB further observed that the impugned judgment and order cannot be sustained and is accordingly set-aside remanding the case to the Trial Court for fresh According to the police case that Shankri Devi deceased though married to Bhag Singh about 20 years ago did not have cordial marital relationship which got strained, she started putting up separately and they had no issue. It was about 7/8 years ago Bhag Singh adopted convict appellant Dhoop Singh s/o his brother who started putting-up with him and cultivating his land. The strained relationship between Shankri Devi and Bagh Singh led to litigation in the Civil Court. Accordingly Dhoop Singh in conspiracy with Bhag Singh had beaten Shankri Devi and tied her with a rope with the pillar of his house where she had succumbed to the injuries on October 30, 2001. Trial Court awarded rigorous imprisonment for life and fine Rs 10,000 u/s 302 RPC to appellant Dhoop Singh which was challenged by the appellant through Adv OP Thakur.
JNF
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