HIGH COURT OF JAMMU AND KASHMIR
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(1.) SITA Ram, a young man of 25 years who was going to be married on 8th May, 1984, was murdered on the intervening night of 6th/7th May, 1984 in
his shop regarding which FIR No. 123 of 1984 was lodged in Police Station
Akhnoor on 7th May, 1984 at about 10 a. m. The place of occurrence is
about 37 Kms away from the police station.
(2.) AFTER investigation of the case the prosecution arrested Padam Singh and Sangram Singh for the commission of offences punishable under
section 302/34 RFC. The accused persons were committed to the court of
sessions for standing their trial by Chief Jud. Magistrate, vide his
order 7 -7 -1984. The learned Sessions Judge after hearing the preliminary
arguments and perusing the record submitted under section 173 Cr. P. C.
discharged accused Sangram Singh vide his order dated 29th Oct. 1984, now
impugned in this revision petition.
(3.) ACCORDING to the prosecution Sita Ram deceased a young man of 25 years of age had developed illicit relations with Bimle Devi, the wife of accused Padam Singh. It is also alleged that Sangram Singh accused had
illicit relations with the sister of Padam Singh. Padam Singh accused was
annoyed on account of the alleged illicit relations of his wife with the
deceased. He contacted the relations of the deceased in order to persuade
him to abandon those illicit relations but all invain. Thereafter he
alongwith Sangram Singh murdered -the deceased with the "Tabbar" - Both the
accused persons were seen going towards the village of Sita Ram and also
corning out of the shop of the deceased on the day of occurrence with a
Tabbar in the hands of Padam Singh. Padam Singh is also alleged to have
made an extra -judicial concession admitting therein that he alongwith
Sangram Singh had murdered the deceased on account of deceasedâ„¢s
persistence to have illicit relations with his wife, Bimla Devi. Both the
accused were alleged to have committed the offence of murder of Sita Ram
and the prosecution had prayed that they be charged under section -02/34
The learned Sessions Judge relying upon a judgment of the Supreme Court reported in AIR 1979 SC 366, discharged Sangram Singh
accused by holding that there was no evidence against the said accused.
The learned Sessions Judge further held that he had come to the
conclusion of not proceeding against Sangram Singh after sifting the
weighing the evidence placed on record in the form of statements recorded
under section 161 Cr. P. C. and other documents u/s 173 Cr. P. C. The
learned Sessions Judge held that section 34 RFC which embodies the
principle of joint liability was not attracted so for accused Sangram
Singh is concerned.;
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