DHARAM SINGH Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) Dharam Singh, who figures as accused in sessions case titled State v. Amitabh and others for offences punishable under Sections 302, 307, 324, 149, 450 and Section 120-B. RPC pending decision before the learned Additional Sessions Judge- Doda, has sought indulgence of this Court for grant of bail pending decision in the case when his attempt for this relief aborted before the trial Court.

(2.) The uncontroverted facts are that the Investigating Agency came to lay charge sheet against the accused including the pe - titioner alleging therein that the petitioner, who used to proclaim before the deceased Om Parkash that he has converted the area below the village Tund road as Dharampur colony/Nagar and wants to convert the upper side of this road also into this colony where the house of the deceased exists. Thereafter deceased Om Parkash came to be engaged with one Lalita Devi daughter of Param Ram R/o Bhajwa who happens to be cousin sister of accused Amitabh and the marriage date for Malmahandi (local ceremony) which is held before the date of Mahandi Raat, was fixed on 28-6-2001 The petitioner/accused Dharam Singh entered into criminal conspiracy with the remaining accused namely Amitabh, Jogesh Kumar, Rajinder Singh and Abdul Latif who were working as SPOs and were posted in District Police Lines, Doda for eliminating Om Prakash and promised to pay them Rs. 1.00 lac after the task is finished. In the evening of 26-6-2001, the remaining accused namely Amitabh and Jogesh, who were armed with A. K. Rifle and accused Abdul Latif and Rajinder Kumar who were carrying hand grenades,.trespassed into the house of deceased Om Parkash when religious songs before the marriage were being sung at his house. Accused Amitabah and Jogesh Kumar inflicted gun shot on the person of the deceased Om Parkash, at the same time, the accused fired gun shot on the person of Ram Singh son of Thakar Singh from their respective rifles, which they were armed, when Ram Singh was trying to establish their identity. Thereafter accused Abdul Latif and Rajinder Kumar caused blasts after throwing grenades towards the house of the deceased. Finally, all these persons managed to escape. It is further alleged that at the time of occurrence, the petitioner/aet used was standing near the electric transformer of the village located near the house of the deceased Om Parkash. Both Om Parkash and Ram Singh succumbed to the injuries.

(3.) It appears that after the committal of the case, the petitioner as well as the remaining accused came to be charge-sheeted by the trial Court for offences under Sections 302, 307, 324, 149, 450 and 120 B RFC to which the accused pleaded not guilty. At this stage, the case is pending for recording prosecution evidence.