HC denies bail in murder case

07/02/2016

Jammu, Feb 6: State High Court rejected the bail application of one Dhan Raj alias Vicky allegedly involved in killing the husband of his lover is that deceased, Sunil Singh, was husband of Surekha Devi.The deceased had established two shops at a place called Nud in District, Samba and had engaged the petitioner on these shops and for driving his vehicle (Van). The deceased got appointed as a driver in SRTC and was allotted SRTC Truck No. JK 02Y-0170 so he handed over the business of his shops to his wife and the petitioner. On 07.02.2012 the dead body of the deceased was found lying at the side of the National Highway at a place called Kanthpur and the SRTC truck bearing No. JK 02Y-0170 was found parked near the dead body. After inquest proceedings in terms of section 174 Cr.P.C. offence under section 302/34 RPC was registered as FIR No. 38/2012 at Police Station, Samba. After investigation it was found that the petitioner and respondent No. 2 had developed illicit relationship and in order to continue in that relationship they, pursuant to a conspiracy hatched by them, committed murder of the deceased when he was sleeping in his house in the night intervening 6th and 7th February, 2012 and to mislead the public threw his dead body at the place from where it was recovered.
High Court observed that It hardly needs to be stated that statement(s) of a prosecution witness recorded at the investigation stage can be used for contradicting the testimony of that witness before the court in a prescribed manner and effect of contradictions and improvements comes up for consideration while appreciating the evidence after trial. For releasing an accused involved in commission of offence punishable with death or imprisonment for life, like an offence under section 302 RPC, the court, having regard to entire record of the case, must find reasons to believe that accused was not involved in commission of the offence. Such a situation does not exist in this case, having regard to the evidence recorded by the court, more particularly testimony of PW Romal Singh and the evidence yet to be recorded and bail is also sought on the ground, what is said to be, delay in trial. It has been noticed that by the time of filing of this application, evidence of 13 out of 30 cited witnesses has been recorded. Learned trial court has explained the happenings during the intervening period and in no case time duration till date makes out a case for releasing the petitioner on bail on that score. With these observations Court rejected the bail application. JNF

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