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| HC upholds trial court's order in Divya murder case | | | Early Times Report
Jammu, Nov 21: The high court today observed that it "does not find any infirmity with the trial court order in Divya murder case and the petitioner has rightly been charged for the commission of offences".
The 2nd Additional Sessions Judge, Jammu, had framed the charges against Vikram Manhas, Rabil Sharma and Yasjeet Singh under section 302 of RPC which was challenged by Yasjeet, seeking quashment of the order of charges framed against him.
High court judge Tashi Rabstan, after hearing the two sides, observed that it was needless to mention that the case set up by the petitioner "relates to disputed facts, truthfulness whereof cannot be determined at this stage and it is for him to establish such case by leading evidence at the time of trial. It is settled law that the factual controversy needs not to be gone into by this court in the exercise of its inherent jurisdiction under section 561-A of CrPC. Inherent jurisdiction under section 561-A of CrPC has to be exercised sparingly, carefully and with caution and only when such exercise is justified by the tests specifically laid down in the section itself".
The court observed that it "does not find any substance in the submissions made by petitioner nor does find any infirmity with the order passed by the trial court. The petitioner has rightly been charged for the commission of offences. However, it is made clear that above observations have only been made for the purpose of appreciating the order passed by the trial court which should not be taken as expression of any opinion by this court and therefore, shall have no bearing on the merits of the case pending before the trial court. With these observations, the court dismissed the petition.
According to the police case, Divya died on October 9, 2014 due to dactyl morphine (heroine) poisoning. The accused, who are drug peddlers used to supply drugs to various drugs customers including Diyva. Later, because of her de-addiction, the accused not only lost a customer but were apprehending their exposure at the hands of Divya and in furtherance of the alleged conspiracy they alleged injected heavy dose of heroin in her body as a result which she died. (JNF) |
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