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| LG Manoj Sinha addresses South India Bhu Alumni Meet at Hyderabad | | HC refuse to quash charges in murder case | | Early Times Report
JAMMU, Feb 3: Justice Sanjeev Kumar of Jammu & Kashmir and Ladakh High Court today refused to quash the charges in murder case against one Rakesh Kumar @ Gudda.
According to the police case that an 02.07.2020, information from a reliable source was received at Police Station Udhampur that some unknown person or persons have committed the murder of one Rahul Bhagat S/o Subash Chander Bhagat at Dhandyal, Udhampur and the dead body was lying on the spot. On disclosure of commission of cognizable offence, an FIR was registered at the Police Station and the investigation commenced. On 03.07.2020, accused Munish Singh S/o Madan Singh R/o Kuddhar, Tehsil Kastigarh, District Doda was arrested in the case. During the course of interrogation, Munish Singh made two disclosure statements one on 03.07.2020 and another on 09.07.2020. The other two accused namely Mohd. Aslam and Ravinder Singh were arrested on 08.07.2020 and 11.07.2020 respectively. On the basis of a confessional statement made by the accused Munish Singh on 11.07.2020 to the Dy. SP, who was investigating the matter, the petitioner herein also came to be named as accused having conspired the murder and was thus, arrested on 12.07.2020. The accused Mohd. Aslam and Ravinder Singh after their arrest also made disclosure statements in terms of Section 27 of the Indian Evidence Act on 09.07.2020 and 11.07.2020 respectively. The Investigating Officer also recorded the statements of the witnesses under Section 161 of the Cr.P.C. The statements of some of the witnesses were got recorded by the Investigating Officer under Section 164 of the Cr.P.C. The investigation concluded with the finding of the Investigating Officer that the killing of the deceased Rahul Bhagat was engineered by the petitioner herein and accomplished by Munish Singh and Mohd. Aslam. The accused Munish Singh and Mohd. Aslam acted in pursuance of the conspiracy hatched by the petitioner and his henchmen accused Ravinder Singh and in furtherance thereof, way laid the deceased and killed him by causing multiple stab injuries with the help of knife.
Justice Sanjeev Kumar after hearing both the sides observed that There is plethora of judicial precedents laying down guidelines for the courts framing charge under Section 227 and 228 of the Cr.P.C. The trial court has referred to couple of judgments in this regard and therefore, I do not wish to repeat the same. Suffice it to say that in view of the settled legal position and the scope of the jurisdiction of the trial court to frame charge, the trial court has committed no illegality in framing the charges against the petitioner. To reiterate, the evidence on record, oral as well as documentary, is sufficient to create a strong suspicion about the involvement of the petitioner in the commission of crime and therefore, there is sufficient ground for proceeding against the petitioner and consequently, framing of charge under Section 228 of the Cr.P.C. For the foregoing reasons, this Court finds no merit in this petition and the same is, accordingly, dismissed. —JNF |
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