SUNIT SINGH AND ORS. Vs. STATE OF J&K

JUDGEMENT

(1.) ON 04.08.2013 PW -Ankush Talashi lodged written information at Police Station, Nagrota about attack and assault on him and his father, Tej Nath Talashi. FIR No. 249/2013 under sections 307, 364/34 RPC and 4/25 Arms Act was registered and Police took up the investigation. On the same day, Doctors at Government Medical College, Jammu declared Tej Nath Talashi as brought dead and offence under section 302 RPC was therefore added in the case. Eventually, charge -sheet under sections 302, 307, 364/34 RPC was submitted against Sunit Singh alias Sumit Singh (A -1), Naresh Sharma (A -2) and Gourav Partap Singh alias Shanki (A -3) and under section 212 RPC against Channkar Singh alias Billu (A -4) and Atam Singh (A -5). A -1 in addition was charged under section 4/25 Arms Act. Charge sheet after committal came up for trial before the court of Sessions Judge, Jammu.

(2.) LEARNED Sessions Judge by his order dated 08.02.2014 found prima facie commission of offences under sections 304 Part -II, 364, 212/34 RPC r/w. 4/25 Arms Act by A -1, offences under sections 304 Part -II, 364, 212/34 RPC by A -2 and A -3 and offence under section 212 RPC by A -4 and A -5. Charges against the accused were framed accordingly, who pleaded not guilty and claimed to be tried. Learned Sessions Judge, did not frame charge under section 302 RPC against the accused, however, without recording order of discharge to that extent. Alongside learned Sessions Judge refused bail, firstly, to A -1, A -2 and A -3 vide order dated 15.02.2014 and subsequently to A -1 and A -3 vide order dated 14.07.2014.

(3.) HEARD . I have perused the record.