news details |
|
|
| Bakra murder case | | HC rules that Petitioner cannot de-link the involvement from conspiracy | |
Early Times Report
Jammu, Apr 10- Dismissing the petition filed by one of the accused Naresh Singh facing trial in a much publicized murder case of Sanjay Kumar alias Bakra challenging the charge against him , Justice Sunil Hali of J&K High Court Jammu Wing held that petitioner cannot de- link the involvement from the conspiracy.
In the approved for reporting judgment, Justice Hali, after hearing senior Advocate Sunil Sethi appearing for the petitioner and Advocate RK Kotwal appearing for the respondents, observed that elimination of the deceased was due to inter-gang rivalry. His elimination was achieved after proper planning and worked out by the accused persons. After having committed the offence accused Rajesh Dogra and Vishal Singh directly went to the house of the petitioner to seek shelter. The petitioner has not only provided shelter to accused but also facilitated their escape from the state. At the time of framing charge, probative value of the material on record cannot be gone into. It is not the case based purely on suspicion but on evidence, which prima-facie link the accused to the alleged crime. The manner in which the act was executed cannot de link the involvement of the petitioner from the said conspiracy. Court finds no reason to interfere with the order of Principal Sessions Judge Jammu. This petition is dismissed with the direction to parties to appear before the Trial Court.
According to the prosecution story six accused who are facing trial before the Principal Sessions Judge Jammu were charged u/s 302/109, 202, 382 RPC/ 3/25 Arms Act. The accused of two rival groups operating in Jammu one headed by Rajesh Dogra hatched a conspiracy to eliminate the head of their rival gang deceased Sanjay Kumar alias Bakra. On November 25, 2006 accused Rajesh Dogra and Vishal Singh shot dead the deceased with their guns in the clinic of Dr. Rattan Kudyar at Trikuta Nagar Jammu. The role assigned to the accused Naresh Singh is that he gave shelter to the accused persons after they committed the crime at Jammu. The accused persons stayed with the petitioner at Samba, he escorted them up to Lakhanpur for their safe passage outside the state. It has also come on record that one accused person had changed his jacket which was subsequently recovered from the possession of the petitioner. The Gun was also recovered from the cow shed owned by accused Naresh Singh. The petitioner accused according to the prosecution had provided shelter and has also facilitated their escape from the state. JNF
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
