India

Court rejects bail of husband in murder case

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[ June 03, 2017 ] Jammu: Principal Sessions Judge Kathua Vinod Chatterji Koul rejected the bail application of Ghar Singh S/O Khazan Singh R/O Barwal, Tehsil Kathua who killed his wife.According to the police case that Neelam, aged about 35 years, who was married to petitioner/accused Ghar Singh, died on 12.11.2012 due to burn injuries. At the time of death, she was admitted in Military Hospital, Pathankot. At that time when she was admitted in the Military Hospital, Pathankot, as per MLC register during interrogation, she alleged that she was burnt by her husband using kerosene oil and locked in room. Her six years old son came and opened the door. She was admitted in the said hospital on 12.12.2012 at 2015 hours and she died on the said date at 2230 hours. After her death, though there was statement of the deceased, wherein she alleged that she was burnt by the accused, her husband, the police registered FIR No. 461/2012 for offence punishable u/s 306 RPC and not for offence punishable u/s 302 RPC. Lateron during the course of investigation, Investigating Officer came to the conclusion that the deceased was burnt by the accused and thus, on conclusion of the investigation established commission of offence punishable u/s 302 RPC. Initially when the FIR was registered for offence punishable u/s 306 RPC, he was released on bail and he was taken into custody when the investigation was concluded with the finding that offence punishable u/s 302 RPC has established against him.Principal Sessions Judge Kathua Vinod Chatterji Koul after hearing Adv Kirty Bhushan Mahajan for the accused whereas Special PP Arvind Kumar for the state, observed that Petitioner/accused, as per the report of investigation, is said to have committed offence punishable u/s 302 RPC. The said offence carries punishment of death or imprisonment for life. At this stage, the merits of the case cannot be discussed. The report of the investigation and the record on the file, prima facie, shows that offence punishable u/s 302 RPC has been committed by the accused. As per the provisions of Section 497 CrPC, a person cannot be released on bail when there are reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life. Here in this case, on the basis of record on file, there are reasonable grounds for believing that petitioner/accused has been guilty of an offence punishable with death or imprisonment for life. With these observations Court rejected the bail application.