IMPORTANT POINT : Bail should not be granted in murder cases in normal course.

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 land going on between the complainant and the accused party. The police registered FIR No.117/2021 for offences under Section 147, 148, 323, 447, 427, 307 and 34 IPC and started investigation of the case. During the investigation of the case, the injured, namely, Ghulam Din Gazi succumbed to the injuries and, accordingly, offence under Section 307 IPC was converted into offence under Section 302 IPC.

3. It was revealed during the investigation of the case that on the day of occurrence, all the accused persons including the petitioners herein armed with clubs trespassed into compound of the complainant with a common intention to do away with the complainant party. It was also found that the accused damaged the tin sheeted boundary wall of the compound of the complainant and deceased Ghulam Din Gazi, upon hearing the noise, came on spot and he objected to the acts of the assailants/accused. This, as per the challan, infuriated the accused and accused Jan Mohammad Changa, who was armed with a cricket bat, gave a blow of the bat upon the head of the deceased which resulted in grievous injuries to him leading to his death. Thus, according to the challan, offences under Section 147, 148, 447, 323, 427, 302 IPC read with Section 34 of IPC were found established against accused including the petitioners herein.

4. It appears that the age of accused Jan Mohammad Changa was found to be less than 18 years and, as such, a separate challan was laid against him before Juvenile Justice Board, Baramulla, whereas against other accused including the petitioners herein, the challan came to be filed before the learned Sessions Judge, Baramulla, who, after hearing the parties and upon perusal of the material on record, vide the impugned order dated 09.11.2021, framed charges for offences under Section 147, 148, 447, 323, 427, 302 IPC read with Section 34 of IPC against the accused including the petitioners herein. It is this order which is under challenge before this Court through the medium of instant petition.

5. I have heard learned counsel for the parties and perused the material on record including the trial court record.

6. It has been contended by learned senior counsel appearing for the petitioners that the allegations made in the charge sheet and the evidence in support thereof assembled by the investigating agency even if taken at their face value do not disclose the ingredients of offence under Section 302 IPC read with Section 34 of IPC against the petitioners. It has been further contended that the learned Sessions Judge has, while framing charges against the petitioners in terms of the impugned order, misdirected himself and has not considered the material on record in its right perspective. Elaborating the aforesaid contention, the learned senior counsel has sub