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DB confirms life-imprisonment of Ex-Army personnel in murder case Issues show cause notice to SHO for making false statement
8/20/2009 10:03:49 PM
Early Times Report
Jammu, Aug 20 – The Division Bench of Jammu and High Court today confirmed the life imprisonment awa5rded by the Sessions Judge Rajouri to accused Lochan Ram ex- army personnel resident of Nowshera for murdering his daughter in law, the While confirming the sentence the Bench comprising Justice Nirmal Singh and Justice JP Singh also issued show cause notice to Abdul Hamid Choudhary then SHO P/S Nowhsera, as to why proceedings for making a false statement in the Court of Sessions Judge Rajouri in this case during his cross examination be not initiated against him. In the approved for reporting judgment written by Justice JP Singh for the Division Bench observed thaPage 3t the Bench do not find it safe to accept the statement made by Abdul Hamid Choudhary the Investigating Officer. The statement of IO that the children of the deceased were in their school at the time of the occurrence is not found recorded anywhere in the case diaries which were produced by the state counsel for the examination of the Division Bench to test the varsity of the statement of the IO. DB further said that from the records the appellant has failed to give any explanation of the presence of blood of Group O on his clothes seized from his house and on the weapon of offence recovered at his instance pursuant to the disclosure made by him which in terms of the report of the scientific officer of FSL Jammu was the blood group of the deceased. Appellant’s running away from the house immediately after the occurrence is yet another circumstance which has remained unexplained by the appellant. On thorough examination of the evidence on record, Division Bench do not find any ground to take a view different from the one which the Trial Court has taken in finding the appellant guilty and confirmed the sentence awarded by Trial Court and dismissed the appeal of appellant. DB directed the Registry that a copy of the judgment of shall be sent to DGP J&K Police too for taking appropriate action against then SHO P/S Nowhsera for making statement in the Court contrary to the officials record maintained by him while discharging his official and statutory duties as investigating officer and officer Incharge of the police station. JNF *****
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