HIGH COURT OF JAMMU & KASHMIR AND LADAKH
VINAY KUMAR – Appellant
Versus
UNION TERRITORY OF JAMMU AND KASHMIR THR SECRETARY TO GOVT HOME DEPT AND ORS – Respondent
CRM(M) 52/2021
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.
2
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
3
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