Back
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJAY DHAR
Manohar Singh S/o Sh. Krishan Singh – Appellant
Versus
Union Territory of J&K Th. Police Station – Respondent
JUDGMENT :
1. The petitioner through the medium of the instant petition filed under Section 482 Cr.P.C has challenged order dated 18.11.2021 passed by the learned Sub-Judge/Spl. Railway Magistrate Jammu (hereinafter referred to as the ‘trial Magistrate’), whereby charges for offences under Section 279, 304-A IPC have been framed against him.
2. As per the charge sheet which has been emanated from FIR No. 32/2020 for offences under Section 279, 304-A IPC registered with Police Station, Gangyal, Jammu on 29.02.2020, police received information from reliable sources that a Swift Dezire vehicle bearing registration No. JK02CB-6163 was being driven by petitioner/accused in a rash and negligent manner, as a result of which he lost control over the said vehicle and a pedestrian, namely, Dina Nath suffered fatal injuries leading to his death. It was also reported to the police that the driver had fled away after leaving the vehicle on spot.
3. On the basis of the aforesaid information the police registered the FIR and started investigation of the case. During investigation of the case the police conducted spot inspection, seized the dead body of the deceased, seized the vehicle in question an
The court emphasized that a prima facie case must be established with concrete evidence linking the accused to the alleged crime, and mere suspicion is insufficient for framing charges.
Murder - Reliability of witnesses - A verdict on reliability of statements of Petitioners witnesses who have clearly in their statements linked petitioner with commission of alleged crime.
Reliability of statements of PWs - To pronounce a verdict on reliability of statements of PWs, who have clearly in their statements linked petitioner with commission of alleged crime.
Defective investigation does not preclude prosecution; an accused cannot be discharged solely on this ground if sufficient evidence exists against them.
At the initial stage, the truth, veracity, and effect of the evidence are not to be meticulously judged, and the accused's defense is not to be looked into when seeking discharge under Section 227 of....
The court established that charges must be based on sufficient evidence and cannot be framed on mere assumptions or retracted statements, emphasizing the need for a prima facie case.
(1) Framing of charge – In a criminal trial, prosecution can lead evidence only in accordance with charge framed by trial court – Where a higher charge is not framed for which there is evidence, accu....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
