STATE OF J&K Vs. BHUSHAN KUMAR
LAWS(J&K)-2020-12-23
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 16,2020

STATE OF JANDK Appellant
VERSUS
BHUSHAN KUMAR Respondents

JUDGEMENT

Sanjay Dhar,J. - (1.)The applicant/State seeks leave to file appeal against the judgment dated 12.03.2018 passed by the learned Principal Sessions Judge, Kathua (hereinafter referred to as 'the trial Court') in File No.12/2015/Sessions whereby the non-applicants/accused were acquitted of the charges for offences under Sections 302 read with 34 RPC.
(2.)Briefly stated the case of the prosecution is that on 06.10.2003, a telephonic information, to the effect that dead body of deceased Subash Chander was lying on the road at Drank Morh on Dhar-Phenter road, was received by the police. It swung into action, took the dead body of the deceased in custody and after getting its post-mortem conducted, the police found that the death of the deceased was unnatural. Proceedings under Section 174 of J&K Cr.P.C were initiated and upon conclusion of the inquest proceedings, FIR No. 71/2015 for offences under Sections 302/34 RPC was registered at Police Station, Billawar.
(3.)After conducting investigation of the case, it came to the fore that on 18.06.2015, the deceased and the accused had gone to Banoteto watch a wrestling event. On their way back, the accused and the deceased sat down at a secluded place at Rampur Rasool and enjoyed their drink over there. A scuffle took place between the deceased and the accused during which accused Bansi Lal caught hold of the deceased and accused Bhushan Kumar hit the deceased on his head with a stone, as a result of which, the deceased fell down in gorge and died on the spot. After committing the crime, the accused carried the dead body of the deceased on their scooter for about 9/10 kilometres and dumped the same at village Pallan near Drank Morh. Offences under Sections 302/34 RPC were found established against the accused and charge- sheet was laid before the trial Court.
;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.