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| Principal Badyal’s murder case | | DB upholds life-imprisonment of accused | | Early Times Report
Jammu, Aug 25- In a much publicized broad day light murder of Kuldeep Kumar Badyal Principal Government Higher Secondary School Gandhi Nagar Jammu, a Division Bench of J&K High Court Jammu Wing today upheld the life-imprisonment awarded by Second Additional Sessions Judge Jammu on March 19, 2008 sentencing the accused Harjeet Singh for life term.
The Bench comprising Justice Hakim Imtiyaz Hussain and Justice JP Singh in the approved for reporting judgment, written by Justice JP Singh for DB, observed although police has anti-timed the FIR reflecting it to have been lodged at 2:00 PM when it is stated to have reached the police station after 4:00 PM. By that itself it would not in the opinion of DB affect in anyway the varsity of the prosecution case because of the unnecessary anti-timing of the FIR by the over zealousness of the officer, in-indicating the FIR to have been made at 2:00 PM rather than 4:00 PM to demonstrate its prompt lodging, avoiding criticism which the police officer usually face for omitting to lodge police report with promptitude.
While upholding the life-imprisonment, the DB further observed that the motive of the appellant to kill the Principal for the refusal to issue certificate demonstrating completion of practical in Physics and Chemistry for the 12th class by the appellant’s co-accused Deep Inder Singh (who was acquitted by Trial Court) too stands proved from the statement of the cited eye-witnesses. That apart the appellant has not tendered any explanation about the presence of the blood on the clothes which he was wearing at the time of his arrest and which were found smeared with blood of the group of the deceased Principal. Another piece of evidence produced by the prosecution in the case indicating the blood of the same group as that of the deceased principal, on the Toka recovered at the instance of the appellant pursuant to his disclosure statement, has remained unexplained by the appellant. DB said that prosecution has successfully proved its case from the statements of its witnesses and the material placed on the record proving that it was Harjeet Singh and none else who had struck the deceased Principal’s office chamber on February 3, 1999 at about 2:00 PM as a result he succumbed to his injuries which he had received at the hands of Harjeet Singh with a Toka seized in this case. With these observations Division Bench upheld the finding and the conviction recorded by the Trial Court against the appellant. JNF
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