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| Jagti migrant murder case | | HC sets aside charges against accused, directs trial court to frame fresh charges | | Early Times Report
Jammu, Apr 24: In a criminal revision filed by the state against the charges framed under sections 304 Part-II instead of 302 RPC against the accused who are allegedly involved in the Jagti migrant murder case, Justice Janak Raj Kotwal allowed the appeal and ordered that the impugned February 8, 2014 order of the trial court was set aside.
It was noticed that after passing of the impugned order, statements of three prosecution witnesses were recorded by the trial court till the record came to be dispatched to this court. Now that the order framing charge has been set aside, the entire proceedings subsequent thereto shall stand quashed.
Justice Kotwal directed that the trial court shall take up the question with regard to framing of charge afresh and pass order after hearing both sides though totally uninfluenced by the view taken in the impugned order or setting aside of the impugned order by this court. The trial court shall ensure that a fresh order was passed without any delay and in any case within six weeks after the record was received by it, the court directed. According to the police case, on August 4, 2013, AnkushTalashi lodged a written report with Nagrota police station, stating therein that at about 7 pm, he along with his father TejNathTalashi and uncle PyareLalTalashi were on evening walk towards the Jagti flyover when they were intercepted by a vehicle (JMU/7778) in which four persons were travelling. Out of them, three were known to him and their names were Sumit Singh, son of Sham Singh, Naresh Kumar Sharma, son of DwarkaNath and GouravPartap Singh, son of VedParkash. They alighted from the vehicle and forcibly tried to kidnap him on account of an old enmity. However, when his father resisted and raised an alarm, they threatened to kill him. When his father tried to save him, three of them caught hold of him and one of them namely Sumit Singh hit his father with sharp edged weapon, inflicting serious injuries on him. He was shifted to GMCH here for treatment. Acting on the report, police registered a case under sections 307, 364 and 34 RPC read with section 4/25 of Arms Act. While DSP KhaliqHussainChoudhary started investigation, TejNathTalashi succumbed to his injuries in the hospital and the offence under section 302 of RPC was added. |
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