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HC seeks fresh charges in murder case
8/26/2011 9:48:50 PM
EARLR TIMES REPORT
Jammu, August-26 (JNF):- In Abdul Majiod v’s state, the father of the deceased a filed a petition seeking setting aside the order of Trial Court whereby the Trial Court framed charges against accused Abdul Majid u/s 304-II RPC and seeking charge against the accused u/s 302 RPC.
According to petition that the deceased Suram Chand a temporary employee of the PDD who was working on the electric line after switched off on April 30, 2009 at Village Achhar when accused Abdul Majid an employee of the same dept who was not posted in that area switched on the electric current as Suram Chand was electrocuted and a case was registered at P/S Banihal. During the investigation it transpired that deceased given Rs 40,000 to the accused Abdul Majid to seek regularization in service which did not matured and deceased had been demanded the money back from Abdul Majid which he was avoiding. Accused alleged to have switched on the electric current to save himself from the liability of paying Rs 40,000 to the deceased. The Trial Court framed charges against accused Abdul Majid u/s 304-II. The father of the deceased approached the High Court by filling this petition seeking modification of the charge that Sessions Judge had erred in omitting to frame charge u/s 302 RPC which was prima-facie made out on the basis of evidence collected by the Investigation.

Justice JP Singh of Jammu & Kashmir High Court Jammu Wing after hearing the parties allowed the petition filed the father of the deceased and setting aside the order of Sessions Judge Ramban dated December 16, 2010 and the case is remanded to the Trial Court for framing charges against the accused as warranted under law on the material relied upon the prosecution and also denied the bail to accused Abdul Majid. JNF
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