Latest news with #RanbirPenalCode
Time of India
05-07-2025
- Time of India
J&K HC acquits man in wife's murder, cites flawed probe
J&K HC (File photo) SRINAGAR: J&K high court recently acquitted a man sentenced to life imprisonment for allegedly murdering his wife in 2012, citing major flaws in the investigation and granting him benefit of the doubt. The division bench overturned the 2015 conviction by principal sessions judge of Udhampur, ruling that the prosecution's case was riddled with inconsistencies, unreliable evidence, and procedural lapses. Maan Chand, a resident of Ramnagar in Jammu, had been convicted under section 302 of the now-repealed Ranbir Penal Code for the murder of his wife Kanta Devi on the intervening night of Oct 26–27 in 2012. Prosecutors claimed he attacked her with a bamboo stick and sickle after objecting to an alleged extra-marital relationship, and then set her and the bedding on fire using kerosene from a lamp. The bench questioned the credibility of the evidence presented. 'There were inconsistencies regarding the type of weapons used, the nature of injuries, and contradictions in recovery of the alleged weapon of offence,' the high court said. Autopsy procedures were also called into question. It was conducted in a private residence, with conflicting reasons offered by the doctor, witnesses, and investigating officer. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Providers are furious: Internet access without a subscription! Techno Mag Learn More Undo The doctor wasn't shown the alleged murder weapon and issued the autopsy report 22 days after examination. The bench said he failed to explain how he remembered specific wound details after such a delay. The court flagged inconsistencies in the timeline of Chand's arrest and discrepancies in witness and police accounts of visits to the crime scene. It also said that no evidence was submitted to support the claim of Kanta Devi's alleged infidelity — mainstay of the prosecution's motive narrative. A crucial aspect overlooked by the trial court, the bench said, was the presence of the couple's 2.5-year-old son, who allegedly suffered burns on his back. 'No attempt was made to consider why, if the accused was present during the crime, he didn't rescue his son,' the judges wrote. Quoting Aristotle, the bench remarked: 'A father would instinctively risk his life to save his child.' He criticised the trial court for failing to weigh this natural paternal instinct. The bench allowed the appeal, set aside the lower court's judgment and acquitted Chand of all charges. 'He shall be set at liberty forthwith, if not required in any other case,' the order said.
The Wire
05-07-2025
- The Wire
Conflicting, Implausible Testimony; Shady Post-Mortem: J&K HC Chucks Case Against Murder Convict
Law Anirudh S. K. Having found untenable the case against a Jammu man who has spent 12 years in jail, the high court ordered that he be set free. The high court observed that the trial court's failure to examine the 'deficiencies and flaws' in the prosecution's story led to the flawed conviction of Maan Chand, a resident of Jakhed village, in 2012 for allegedly murdering his wife Kanta Devi over suspicion that she was having an extramarital affair. 'The judgment deprecates the practice adopted by trial judges to give primacy to evidence of witnesses mechanically without evaluating them with surrounding circumstances and more particularly, the normal course of human conduct,' advocate Anmol Sharma, who represented Chand, told The Wire. The Basantgarh police station in Jammu's Udhampur district claimed to have arrested Chand on October 29, 2012, two days after he was alleged to have committed the crime. On December 17, 2015, the principal sessions judge in Udhampur convicted him under section 302 of the Ranbir Penal Code and sentenced him to rigorous imprisonment for life and a fine of Rs 6,000. However, the high court on Tuesday (July 1) held that Chand was convicted by the trial court on the basis of 'fragile evidence' despite 'variations, contradictions and discrepancies' in the prosecution's case. A double bench of the Jammu wing of the high court comprising Justices Sindhu Sharma and Shahzad Azeem while granting the benefit of doubt to Chand observed that the trial court's failure to scrutinise the evidence and witness statements 'do not inspire [the court's] confidence'. The prosecution had relied heavily on the claim that Devi was allegedly involved in an extra-marital relationship, but the court pointed out that no evidence was presented to substantiate that allegation. 'We are unable to concur with the findings of the trial court, particularly when on every point under consideration we have noted deficiencies and flaws, which are staring at the heavy burden cast on the prosecution to prove the guilt beyond all shadow of doubt so as to rebut the presumption of innocence, which is a cornerstone of criminal jurisprudence,' the bench said. Quoting Greek philosopher Aristotle's Nicomachean Ethics on parents' love for their children, the bench observed that the trial court failed to address the question of why the accused had left his 30-month-old son in the house that he allegedly set on fire on the fateful night. 'The trial court's failure to address this aspect in its judgment overlooks the natural and powerful paternal instinct,' the court said. In its chargesheet, the police claimed that Devi's brother Des Raj reported to the Basantgarh police station at 6 am on October 27, 2012 that Chand killed his sister with a sickle and a bamboo stick and later set her bedding on fire before escaping. Chand worked as a labourer in Katra in the adjoining Reasi district and mostly stayed away from home. Raj alleged that on the night of the incident, Devi had stepped out of their home late at night, which led to an argument between the couple. On the basis of Raj's statement, a case (FIR No 30/2012) was filed under sections 302 of the Ranbir Penal Code and 4/25 of the Arms Act on October 27, 2012 and investigation was started. The high court bench observed that the trial court overlooked the contradictions and discrepancies in the testimonies of the witnesses, the recovery of the weapon of offence and expert evidence, along with other issues. While Raj had told the police that Chand set his sister's bedding on fire after their argument turned violent, the high court pointed to his testimony during the trial that the accused poured kerosene on his sister and set her on fire near the door of the room. The prosecution's case was also marred by discrepancies in the statements of witnesses about the presence of the accused at the house after the murder. While the initial police report said that Chand had already fled from the house when Raj and two other witnesses, who lived in the same house, reached there, the prosecution told the court that he was present in the house and fled only after seeing the trio. The court punched holes in the prosecution's story by asking why other family members in the house didn't wake up as the violent crime occurred on the fateful night. The high court observed that the prosecution's story that the victim's brother was pinned down by the accused with a foot for two to three hours while holding a sickle in one hand, a bamboo stick in another and also setting fire to his wife's bedding while the brother-sister duo made no attempt to resist him doesn't hold water. 'Our [conscience does] not allow us to buy the version of the prosecution witnesses, because if any person would be subjected to such a gruesome assault, then in all probability, he would raise hue and cry, shall struggle and try to escape, particularly when there is also support of real brother [sic],' the court said. These discrepancies 'cast a doubt on the prosecution story, as it runs in [a] diametrically opposite direction to the natural behaviour,' the court said. While raising questions on Raj, who was the prosecution's star witness, the court observed that his behaviour was 'doubtful', making the 'manner of commission of crime … highly suspicious'. 'This also casts doubt on the occurrence and the manner of the commission of crime as alleged by the prosecution.' The court also raised questions about the post-mortem of the deceased, which was conducted in a private residence, while pointing out the conflicting reasons given by the doctor, prosecution witnesses and the investigating officer for the irregular procedure. The court said that the doctor was never shown the weapon of offence for his opinion on the nature of injuries suffered by the deceased. 'There is nothing on record to show that any attempt has been made in this regard either by the prosecution or by the court, therefore, it may not be wrong to say the genesis of the crime had been suppressed and the prosecution story becomes highly doubtful in view of this omission on the part of the prosecution,' it said. The court pointed out that Devi's post-mortem report was prepared 22 days after the crime and the doctor failed to explain how he was able to recall the details of multiple wounds of varying dimensions after such a long delay, even though he had not made any notes on the day he examined the body. The court also raised questions on the prosecution's claim of having found impressions of Chand's fingerprints on the sickle allegedly used in the commission of the crime, noting that it was not possible to find clear fingerprint impressions on a rough weapon like a sickle that was without a handle. Citing multiple judgments of the Supreme Court, the high court bench said that the prosecution's case was full of 'loopholes', while ordering the authorities to set Chand free. The Wire is now on WhatsApp. Follow our channel for sharp analysis and opinions on the latest developments.
India Today
22-06-2025
- India Today
J&K police seizes properties of two Handwara terrorists who fled to Pakistan
In a significant move against terrorism and anti-national activities, the Handwara district Police in Jammu and Kashmir have seized immovable properties belonging to two individuals from Monbal village in connection with a long-pending terror case dating back to action was taken on the basis of an FIR, registered at Police Station Handwara, invoking stringent provisions of the Unlawful Activities (Prevention) Act (UAPA), the Explosive Substances Act, and various sections of the Ranbir Penal Code (RPC). advertisementThe property attachment was carried out according to a court order dated June 20, in accordance with Section 83 of the Criminal Procedure Code (CrPC), which allows the seizure of assets belonging to proclaimed offenders. The accused individuals have been identified as Moh Shafi Bara and Gh. Mustafa, residents of Monbal, Handwara. According to police, both had exfiltrated to Pakistan and have since been involved in coordinating terror-related activities from across the border, allegedly playing roles in several terror incidents in the region over the legal proceedings in the matter are underway. Must Watch
India.com
21-06-2025
- India.com
J&K Police Attach Properties Of PoK Based Terrorist Handlers And Other Areas In Handwara Under UAPA
New Delhi: In a significant action against terrorism and anti-national elements, Handwara Police under Police District Handwara today attached immovable properties belonging to two individuals from Monbal, Handwara, who stand accused in a long-pending terrorism case. The attachment has been executed in connection with FIR No. 198/2003 registered at Police Station Handwara under stringent provisions of law including Sections 13 & 18 of the Unlawful Activities (Prevention) Act, Sections 2/3 & 3/4 of the Explosives Substances Act, and Sections 120B, 121A, 302, 307 of the Ranbir Penal Code (RPC). The property attachment has been carried out in accordance with a court order dated 20-06-2025, under Section 83 of the Criminal Procedure Code (CrPC), which empowers authorities to attach the properties of proclaimed offenders. The accused individuals whose properties have been attached are: 1. Mohd Shafi Bara, son of Sawariya Bara, resident of Monbal, Handwara. 2. Gh. Mustafa, son of Alif Ud Din, resident of Monbal, Handwara. Both individuals had exfiltrated to Pakistan and have since been actively involved in promoting terrorism, coordinating terror-related activities from across the border, and orchestrating multiple terror incidents in the region. Handwara Police remains committed to taking strict and sustained action against individuals and groups involved in anti-national and terrorist activities. Further legal proceedings in the matter are underway.
Time of India
05-06-2025
- Time of India
Kathua case: Trial against eighth accused continues at snail's pace even after 2 years
Chandigarh: While the decision against the main accused in the Kathua rape case had come within a year of the start of trial in Pathankot, in the case of eighth accused Subham Sangra, the trial is proceeding at a snail's pace in the absence of any directions for a day-to-day hearing. The trial against Sangra has been pending for almost two years since June 7, 2023. The last date was May 29, when the case was at the stage of prosecution evidence. A total of 57 hearings have taken place over two years. Sangra is the nephew of the main accused, Sanjhi Ram, the caretaker of the religious place where the offence took place. He has already been awarded life imprisonment in this case However, the trial against seven other accused, in which six were convicted, started on May 31, 2018, and was completed on June 10, 2019. One accused was acquitted on account of the benefit of doubt. The accused, Sangra, is currently confined in Gurdaspur central jail and is presented before the court through videoconferencing during hearing. The matter is now listed for hearing on Friday. Lawyers privy to the case informed that because of absence of specific directions for day-to-day trial of the case from apex court, is the reason that the case has been pending for over two years. Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Trading CFD dengan Teknologi dan Kecepatan Lebih Baik IC Markets Mendaftar Undo A case of rape, murder, and under various sections of the Ranbir Penal Code (RPC), was registered at Police Station Hiranagar in Kathua district of Jammu and Kashmir. The case is being tried at Pathankot in view of the apex court's directions to shift the trial out of Jammu and Kashmir due to its sensitivity. The police have already submitted the chargesheet against Sangra for murder, rape, kidnapping, and wrongful confinement. On Nov 16, 2022, the SC ordered that Sangra be tried as an adult. The decision was passed by the apex court after allowing the plea filed by authorities. Sangra, the eighth accused, could not be tried after the juvenile justice board declared him a juvenile. After the Jammu and Kashmir High Court also declared him a juvenile, an appeal was filed before the SC. In this case, the allegations were that the 8-year-old victim was kidnapped and sedated before she was raped in Jan 2018. The allegations included that the victim was used as a pawn to dislodge the Bakarwal Muslim (Gujjar-Bakarwal) nomads from the Kathua area of the Jammu region. MSID:: 121652189 413 |
