SULTAN MIR Vs. STATE OF J&K

JUDGEMENT

(1.) Application of the accused, "for taking on record the memory cards, CD and for permitting the Laptop to be played in the Court, with a further prayer to permit the petitioners to confront PW 2 with his earlier statement, as given by him to the press and media, video recording of which in CD has been presented before the trial court along with Laptop chips and certificate from the person under whose management said instruments were and have been from the time of its recording with a further prayer for directing the ETV Urdu to produce the recording of the same for cross examination of the said witness in accordance with law" has been rejected by the trial court (4th Additional sessions Judge, Srinagar) vide order dated 08.04.2015. Same is to sought to be quashed.

(2.) In connection with murder of one Mst. Saja, case has been registered as FIR No.24 of 2013 P/S Safa Kadal for commission of offence punishable under Sections 302, 148, 147, 447, 120-B RPC. Investigation of the case culminated in presenting challan (charge sheet). Trial court has framed charge against the accused for commission of aforesaid offences and trial of the case as such is in progress.

(3.) PW 2, Tariq Ahmad, son of the deceased, before the trial court has deposed in the examination-in-chief that at the time of occurrence he was present on spot whereas during cross examination on the question of the counsel for the defence stated that it is incorrect that he was not present at the time of occurrence. Then has further stated that he did not pay heed as to whether his statement was recorded by ETV and telecasted or not. He further stated that he could not pay heed as to whose statement was recorded by press and media. At such stage learned defence counsel wanted to show video clippings but the statement, in view of the order recorded, has been deferred, as a result whereof defence counsel filed an application praying therein that the trial court may be pleased to take on record the memory cards, CD and permit Laptop to be played in the Court in order to demonstrate the importance and relevance of the earlier statement of PW Tariq Ahmad Khanday, son of the deceased, which he had given on spot to the press/media with a further prayer that the defence shall be allowed to contradict the witness and to impeach his credit so as to bring truth on the record with a further prayer that in case said witness still denies the same after having put the same to him, the memory cards and CD shall be sent for FSL examination or call for the recorders of the same to identify its veracity as required under law.