SHALINDER KUMATR Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) THE accused petitioner is facing trial under Section 302 RPC for having allegedly killed his colleague ravinder Kumar. The police report under section 173 Cr. P. C. reveals that a message from the Police Post, Kota was received on 10. 4. 2006, wherein it was reported that militants have fired on the said post as a result of which one of the police officials deceased ravinder Kumar sustained a bullet injury in his leg. The investigation process initi-ated by the police concerned unfolded that there was no militant firing on the post, but the accused Shalinder Kumar had fired at the deceased, as a result of which, he died due to excess Weeding. The report further reveals that deceased had over stayed his leave, which annoyed the accused petitioner and there were some heated exchange between the accused and the deceased prior to the incident.

(2.) IN order to establish complicity of the accused in the crime, certain circumstances were taken note by the Investigating Officer. One of the circumstances was that the accused intentionally sent one person namely Mudassar, who was on duty as a sentry for fetching water along with SPO qasim Din and one Mohd. Ayub to have his meals from the village. According to the prosecution this was done to obliterate any evidence in respect of the crime, which the accused has committed. After the challan was produced, the prosecution has examined 24 witnesses and only 6 witnesses are required to be examined.

(3.) BAIL application came to be filed by the accused petitioner before the learned Sessions Judge, Bhaderwah, wherein, it was contended that evidence of material witnesses, which has come on record, does not link the accused with the commission of crime.