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| HC quashes charges in a murder case | | | EARLY TIMES REPORT
JAMMU, Oct 21: In a landmark judgement, the High Court quashed the charges framed in a murder case and referred the case back to the trial court. Justice JP Singh of J&K High Court (Jammu Wing) while deciding cases of criminal revision, 561-A and bail applications filed by the petitioners feeling aggrieved by the charge framed by the Additional Sessions Judge Kathua u/s 302/109/147/148 &149 RPC against Subash Singh, Rajesh Singh, Vijay Singh, Rajesh Singh s/o Baldev Singh Rakesh Singh all resident of village Sanora Tehsil Hiranagar District Kathua, quahsedthe charges framed against them.
The petitioners submitted that the Trial Court had committed an error of law apparent on the face of records in framing charge against them ignoring the provisions of law, would not indicate them to have committed the offences for which they have been charged.
According to the prosecution case that on old enmity the accused with Surinder Singh, on June 28, 2007 the accused Subash Singh and Iqram Singh hit Surinder Singh on the head with a stick with intention of causing injuries whereas accused Vijay Singh, Rakesh Singh, Rajesh Singh and Ranjeet Singh caused injuries with sticks, kicks and blows, Surinder Singh succumbed to the injuries in the Military Hospital Satwari Jammu on July 2, 2007. The police registered a case and after completion of the investigation present challan in the Court. Where the Court framed the charges of murder and sections which was challenged by the accused persons.
The court after hearing Advocate JP Gandhi, Advocate SK Shukla for the petitioners whereas Deputy AG RS Jamwal for the State observed that the order passed by the Trial Court on March 24, 2008 which does not confirm to the requirements of chapter XIX of Code of Criminal Procedures is set-aside and quashed, remanding the matter to Sessions Judge Samba to proceed with the case for considering in terms of sections 267/268/269 of Code of Criminal Procedures. The petitioners are facing Trial for over a period of three years. In the facts and the circumstances of the case and taking into considerations the fact that the deceased had received only one injury, which according to him was caused by Subash Singh as he stated to have disclosed this to the complainant which appears in the complainant’s initial statement to the police and in interest of justice to admit the petitioner’s except petitioner Subash Singh to interim bail of Rs 25000 each to the satisfaction of Trial Court pending consideration of the prosecution case a fresh and the High Court further said that the grant of interim bail to the petitioners shall not be construed as expression of opinion, on the merit of the case, while considering the case in terms of sections referred are to their entitlement or otherwise to bail pending Trial and directed the Trial Court to expedite the proceedings. JNF
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