SANJAY DHAR
Taja Begum – Appellant
Versus
UT of J&K – Respondent
Judgment :
CRM(M) No.411/2021
The petitioners have challenged order dated 09.11.2021 passed by the Principal Sessions Judge, Baramulla, whereby charges for offences under Sections 147, 148, 447, 323, 427, 302 read with Section 34 IPC have been framed against them.
2. A perusal of the record reveals that on 24.05.2021, complainant PW1-Mohammad Rafiq Sofi, lodged a written report with Police Station, Baramulla, against the accused Jan Mohammad Changa, Reyaz Ahmad Changa, Ali Mohammad Changa, Taja Begum and Ulfat Bano, alleging therein that on the said day, the aforenamed five accused persons, who were armed with lathies, launched an assault upon the complainant party. It was alleged that accused Jan Mohammad Changa, who was armed with a cricket bat, gave a blow upon the head of Ghulam Din Gazi with full force, as a result of which he suffered grievous injuries whereas PW2- Mst. Bakhti Begum received a blow on her arm and PW-Shameema received injury on her nose. It was alleged that accused above named had, under a well-knit conspiracy, committed the aforesaid acts with an intention to do away with the complainant party. The FIR further revealed that there was a dispute over a piece of la
Amit Kapoor Vs. Ramesh Chander and Another
Kalyan Chandra Sarkar vs. Rajesh Ranjan alias Pappu Yadav and Anr.
: Bail should not be granted in murder cases in normal course.
The trial court upheld the framing of murder charges without necessitating detailed reasoning, confirming that a prima facie case existed based on evidence presented.
The court affirmed that at the charge framing stage, only a prima facie case is required, emphasizing that meticulous examination of evidence is not necessary.
Common intention for liability under Section 34 IPC can be inferred from circumstances and joint participation, not solely from direct evidence.
The existence of common intention among co-accused can be inferred from the circumstances without requiring premeditation; mere participation in a crime does not establish joint liability.
At the stage of framing charges, only prima facie evidence is required, and strong suspicion is enough to frame charges. The court referred to various legal principles and precedents to support its d....
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