Court rejects bail in murder case

26/04/2024

Jammu, Apr 24: Additional Sessions Judge Doda Amarjeet Singh Lageh rejected the bail application Davinder Kumar who was facing trial in murder case.
The factual matrix of the case in nutshell is that on 08-07-2016, Police Post Kastigarh received a telephonic information from PCR- Doda that a dead body is lying alongside the bank of river Chenab at a place called Zangli. Based on this telephonic information, the inquest proceedings under section 174 of Cr.P.C were initiated. During inquest proceedings a bangle and Chunni were recovered from corpse of deceased which were allegedly identified by Pws. Pritma Devi and Darshan Kumar.
Further, during inquest proceedings it was revealed that name of deceased was Sushma Devi about whom missing report was already lodged with Police Station Doda. The call details of mobile phone of deceased indicated that she was in touch with petitioner on 04-06-2016, the day of her missing. Inquest proceedings also substantiated that petitioner had illicit relations with deceased who was elder to him by 10/11 years and when petitioner was engaged in 2013 with one (name with-held), deceased took objection to the same and engagement was therefore cancelled. As per inquest report, when petitioner was again engaged in the year 2016, deceased again took objection to the same. This conduct on the part of deceased allegedly became a hurdle in the way of petitioner to get married and he therefore allegedly tried to do away with deceased. To carry out this plan to logical conclusion, petitioner allegedly called deceased on 04-06-2016 to a place called Suigwari on the bank of river Chenab, had a sexual intercourse with her and thereafter he induced her remain with him till it was dark and thereafter while strolling alongside the bank of river Chenab, petitioner allegedly strangulated her with her Chunni, killed her and thereafter threw her in river Chenab along with her purse and mobile and fled. Based on outcome of this inquest report, F.I.R No. 146/2016 for offences under sections 302/201 of RPC was registered and investigation started.
Additional Sessions Judge Doda Amarjeet Singh Langeh after hearing both the sides observed that the trial of the case is at fage end and on facts therefore this Court is not inclined to entertain application of petitioner as such, the highest magnitude and the punishment thereof assigned by law of extreme severity notwithstanding. The discrepancies in the evidence led by prosecution thus far which Ld. Counsel for petitioner attempted to highlight, I am afraid - cannot be delved deep at this stage. More heinous is the crime, the greater is the chance of rejection of bail application though however dependent on and subject to factual matrix of each case. For all what is said hereinabove and having regard to the nature and character of evidence available on record, gravity of the charge and the punishment that an offence under section 302 of RPC carries, I am of the considered opinion that application of petitioner has no merit at this stage and same is therefore dismissed. JNF

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