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| Court issues directions in double murder case | | | Early Times Report
Jammu, July 9: In a much publicized double murder case at Uhdmapur, Principal Sessions Judge Udhampur RS Jain observed that during the course of final arguments it came to notice that S.L.Bhat, the fingerprints expert, has given two reports dated 8.4.2011 and 26.7.2011 regarding the matching of the finger prints found on the knife etc recovered during the investigation.
The statement of said witness was recorded in court during which the prosecution has proved one report dated 8.4.2011 being exhibited as EXTP-35 but the other report dated 26.7.2011 regarding the fingerprints found on the knives has not been put to the S.L.Bhat the report of which is an important piece of evidence for the purpose of doing justice in the present case.
Court further observed that the question is whether can the court shut its eye to the inapt handling of the case in court by the State prosecuting agency and forgo role of Court in dispensation of justice and ensure that a just verdict is reached in a case and not play into the hands of the prosecution agency; and can the court give further directions for securing the presence of a witness for recording his additional statement to ensure that justice is done in the present case and after referring various judgments of Apex Court said that the crime committed is of a very heinous nature.
Two persons were murdered. It is well settled that the exercise of power under section 540 Cr.P.C should be restored to only with the object of finding out the truth or obtaining proper proof of such facts which lead to a just and correct decision of the case, this being the primary duty of a criminal court.
So, in the present case, calling the witness for the purpose of finding out the truth for the court to arrive at a just decision of the case cannot be dubbed as filling in a lacuna in the prosecution case.
Examining the witnesses would not result in causing serious prejudice to the accused resulting in miscarriage of justice and deem it proper and necessary to invoke powers under sec. 540 Cr.P.C.
Office is directed to summon PW S.L. Bhat for next date for his examination.
Prosecution case against the accused Jag Pal, Om Parkash, Hari Dass and Tara Chand is that on 2.2.2011, Major K.K. Giri, NE (U) Udhampur filed a written complaint in P/S Udhampur averring therein that one Moti Ram and Bodh Raj were on night duty at main power house at G.E (Utility) and on night intervening 1/2-2-2011, some unknown persons have murdered the aforementioned person.
On receipt of the complaint, FIR No.22/2011 was registered for offence under section 302 RPC in P/S Rehmbal, district Udhampur and during the investigation, the IO along with the various teams of FSL, photography etc proceeded on spot.
The IO from the place of occurrence i.e, near the dead bodies, amongst other articles also found blood stained knife and on two switch boards inside the room on which blood stained finger prints were discovered.
From the drawer of the table in the room the pant of deceased Moti Ram was recovered which contained Rs.17,700/-.
It is the further case of prosecution that inside the building, the office of J.E Anil Kumar is also situated and the bolt and the lock of the said room were broken and on the table inside the room, a chabal (iron rod) was found lying on the said table which also had blood stained finger prints.
The door of a medium size almirah in the room was also found to be broken and it was discovered that a laptop had been stolen. |
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