Excelsior Correspondent
JAMMU, June 19: Principal Sessions Judge Jammu, RS Jain has framed charges under Section 304-A against two CRPF officials Mohd Yasin and Mohan Lal Puri, who were booked by the police in alleged murder of their colleague at Police Control Room, Jammu and remitted the case back to Chief Judicial Magistrate, Jammu.
According to the police case, the accused persons, on September 16, 2013, allegedly killed Akbar Ali, who was on duty at the gate of PCR, Jammu. During the investigation, statements of witnesses were recorded and it came to fore that Mohan Lal, Head Constable without lock and authorization gave his carbine gun to accused Mohd Yasin, who in the court yard of PCR, Jammu while fiddling with the carbine fired a bullet which hit Lance Naik Akbar Ali.
It also came to notice that accused persons did not have any enmity with deceased and had no intention to murder Akbar Ali. Hence the challan for offence under Section 304-Part-II/30 Arms Act was presented against Mohd Yasin and for offence under Section 336 RPC/ 30 Arms Act against accused Mohan Lal.
After hearing Public Prosecutor for the State whereas Advocate Ashwani Khajuria for the accused persons, Principal Sessions Judge observed, “Section 304 Part-II RPC provides that if the offending act is done with the knowledge that it is likely to cause death but without the intention to cause death or such bodily injury as is likely to cause death, the offence would be culpable homicide not amounting to murder”.
“In the present case, prosecution case is not that the accused Mohd Yasin committed the offence with the knowledge that it is likely to cause death or injury but the facts of the case would show that the weapon went off while accused Mohd Yasin was handling the weapon in negligent manner. Thus the act of accused would not amount to commission of offence under Section 304 Part-II RPC”, the court said.
Accordingly, accused Mohd Yasin was discharged for offence under Section 304 Part-II RPC. However, as per the material on record, the offending act attributed to accused Mohd Yasin which resulted in death of Akbar Ali took place was a direct result of his criminal negligence in handling the weapon. Hence, prima facie offence under Section 304-A RPC/30 Arms Act was made out against accused Mohd Yasin and offence under Section 336 RPC/30 Arms Act against accused Mohan Lal.
Accordingly, both the accused were charge sheeted for the offences. “As the offences for which the accused are charged not exclusively triable by the Court of Sessions and are triable by the Judicial Magistrate, the challan is remitted back to CJM, Jammu to proceed with the case in accordance with law either by himself or transfer the case to some other court”, Principal Sessions Judge said.
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