HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

Reserved on:- 17.02.2022

Date of Pronouncement:- 24.02.2022

CRM(M) No. 52/2021

CrlM Nos. 189/2021, 190/2021

and 102/2022 in

B.A. No. 30/2021

CrlM No. 191/2021

Vinay Kumar

.…. Petitioner/Appellant(s)

Through: Mr. Jang Bahadur Singh Jamwal, Advocate.

Vs

State of J&K and Anr.

.…. Respondent(s)

Through: Mr. Amit Gupta, AAG.

Coram: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

JUDGMENT

1.

The petitioner has challenged order dated 16.01.2021 passed by the

learned Additional Sessions Judge, Jammu (hereinafter referred to as the <Trial

Court=), whereby the charge for offences under Sections 302, 201 and 34 RPC

has been framed against him.

2.

The background facts leading to filing of the instant petition that

emerge from the perusal of the Trial Court record are that a charge-sheet was

laid by the Police Station, Bishnah, alleging commission of offences under

Sections 302, 109 and 201 RPC by co-accused-Sukhvinder Kumar and

commission of offences under Sections 201 and 109 RPC against the

co-accused-Arun Khajuria and the petitioner herein.

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CRM(M) No. 52/2021 in

B.A. No. 30/2021

3.

As per the charge-sheet, on 19.11.2017, police recovered dead body

of the deceased-Vinod Kumar in suspicious circumstances. Accordingly inquest

proceedings under Section 174 of the J&K Cr.P.C were set into motion, during

which, statements of the persons acquainted with the circumstances of the case

in terms of Section 175 Cr.P.C were recorded and the dead body was subjected

to post-mortem. After receipt of post-mortem report, it was found that the

deceased had died due to damage of vital organs, leading to Cardio Pulmonary

arrest due to blunt trauma to head. Accordingly, FIR bearing No. 01/2019 for

offence under Section 302 RPC was registered and investigation was set into

motion.

4.

During investigation of the case, statements of witnesses under

Sections 161 Cr.P.C and 164-A Cr.P.C were recorded and it was found that

accused-Sukhvinder Kumar owed a sum of Rs. 30,000/- to the deceased. The

investigation revealed that on 18.07.2017, the deceased left his home at about

9.30 A.M. on his motorcycle and he was last seen with accused-Sukhvinder

Kumar. On 25.07.2019, the accused-Sukhvinder Kumar was taken into custody

and during interrogation, he admitted that he owed Rs. 30,000/- to the deceased,

as he had purchased 10 grams of heroin from him, out of which 02 grams of

heroin were consumed by the deceased. He further narrated before the police

that he assaulted the deceased with a screw driver, which resulted in his death,

whereafter, he called the other two accused, i.e., Arun Khajuria and Binni

Kumar (petitioner herein), who helped him in carrying the dead body of the

deceased in van bearing Registration No. JK02BV-9428 for its disposal. The

weapon of offence screw driver was recovered on the basis of disclosure

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CRM(M) No. 52/2021 in

B.A. No. 30/2021

statement made by the accused-Sukhvinder Kumar. After investigation of the

case, police found that offences under Sections 302, 109 and 201 RPC are found

established against the accused- Sukhvinder Kumar, whereas against two other

accused, only offences under Sections 201 and 109 RPC were found established.

5.

At the time of considering the question of framing of charge, the

learned Trial Court vide its order dated 06.02.2020, instead of determining as to

whether or not the charges are made out against the accused, directed the

investigating agency to conduct further investigation in the case after

constituting a Special Investigating Team (SIT). It was directed by the learned

Trial Court that the investigating agency shall conduct the test identification

parade of the accused and collect CDRs of the cell phones of the accused. The

further investigation was to be conducted within a