Jagti Migrant Murder case: HC sets-aside charges framed against accused with direction to trial court to frame fresh charges
25/04/2015
Jammu,: In a criminal revision filed by the state against the charges framed u/s under sections 304 Part-II instead of 302 RPC against the accused persons who are allegedly involved in much publicized Jagti Migrant Murder case, Justice Janak Raj Kotwal allowed the appeal of State and ordered that impugned order dated 08.02.2014 passed by the trial court is set aside.
It has been noticed that after passing of the impugned order, statements of three prosecution witnesses have been recorded by the trial court till the record came to be dispatched to this Court. Now that the order framing charge has been set aside, the entire proceedings subsequent thereto shall stand quashed.
Justice Janak Raj Kotwal further directed that the trial court shall take up the question in regard to framing of charge afresh and pass order after hearing both sides though totally uninfluenced by the view taken in the impugned order or setting aside of the impugned order by this Court. Learned trial court shall ensure that fresh order is passed without any delay and in any case within six weeks' time after record is received by the trial court.
according to the police case that on 4/8/2013 the complainant Ankush Talashi lodged a written report in police station Nagrota stating therein that on that day at about 7.0pm, he along with his father namely Tej Nath Talashi and uncle Pyare Lal Talashi were on evening walk towards Fly over Jagti and when they were intercepted by a vehicle bearing regd no.JMU-7778 in which four persons were traveling and out of which three were known to him and their names were Sumit Singh son of Sham Singh, Naresh Kumar Sharma son of Dwarka Nath and Gourav Partap Singh son of Ved Parkash and one more person. They occupant of vehicle alighted from the vehicle and forcibly tried to kidnap him on account of old enmity, he complained and had added when his father resisted and raised alarm, they threatened to kill him.
However his father tried to save him but three of them caught hold of his father and one of them namely Sumit Singh hit his father with sharp edged weapon inflicting him serious injuries.
He was shifted to GMCHospital for treatment in critical condition. On the written report of complainant FIR No.249/2013 for the commission of offence falling under section 307/364/34 RPC r/w 4/25 Arms Act was registered and Dy.SP, Khaliq Hussain Choudhary started investigation. During investigation, the injured Tej Nath Talashi succumbed to the injuries in the hospital and offence under section 302 RPC was added. JNF
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