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| HC directs to frame charges in murder case | | | EARLY TIMES REPORT
Jammu, Oct 26: J&K High Court directed the Sessions Judge, Reasi to frame charges against murder accused accused persons while allowing revision petitions and also dismissed bail plea by a composite order.
Justice J.P. Singh after hearing the counsels appearing f or the private complainant Kartar Singh, father of the deceased Joginder Singh, Ashok Sharma and Ch. Vidya Sagar, Neeru Goswami AAG for the state and D.K. Khajuria for the accused persons observed that the discharge of the respondents under section 302/34 RPC, was unjustified and against' law. The prosecution case, therefore, needs examination by the trial court afresh, in accordance with law. The revision petitions allowed and set aside the discharge order of trial court directing it to examine the prosecution case afresh for framing appropriate charge against the accused on the basis of evidence and material placed on records by the prosecution in support of its case. In light of the orders passed above the plea for admitting accused Pawan Kumar bail need no consideration at this stage observed the high court.
The high court ruled that" while considering the case for charge or discharge of the accused in the major offence, the courts are not required to enter into deeper appreciation of the facts particularly where the cause of death is/are the injuries received by the deceased, for such a course may defeat the intention of law and interests of justice, if the accused, in the ultimate analysis, after the prosecution and defence had led their evidence, was found to have committed the major offence, for which he was discharged at the initial stage."
On finding that the injuries received by the deceased had resulted in his death, the courts have to ordinarily charge the accused for the major offence, unless however, a strong case admitting of no other course other than that of charging for the lessor offence had been undoubtedly made out.
According to the prosecution case in pursuant to old enmity, on 14-12-2009 when Kartar Singh and Joginder Singh had kept shingle, Bajri outside their shops, to construct shelves in hotel at about 5 PM at Ransoo Bazar in Reasi district. Pawan Kumar and Ashok Kumar appeared there and started abusing them. Ashok Kumar caught hold of Joginder Singh and pushed him in the drain nearby. Joginder rescued himself and was in the process of standing up, when in the meanwhile Pawan Kumar, hit him with Belcha on his head, as a result whereof he fell down and later succumbed to the injuries in hospital. The trial court vide its order dated 3-4-2010, discharged the accused persons from offence u/s 302/34 RPC and framed charges U/S 304 part 1/34 RPC.
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