Acquittal of accused in Wazir murder case
Excelsior Correspondent
JAMMU, Oct 26: The High Court of Delhi has stayed operation of the order of Additional Sessions Judge West/ THC/ Delhi Hem Raj whereby he had discharged four persons including Sudershan Singh Wazir from the murder charges of noted Transporter and former MLC Tarlochan Singh Wazir of Jammu.
Delhi High Court Judge Justice Vikas Mahajan said at the stage of framing/discharge, the trial court was only expected to find from the material on record whether or not there is a sufficient ground for proceedings against the accused and not to consider whether there is sufficient ground for conviction of the accused, or whether the trial is sure to end in conviction.
“It prima facie appears that the trial court has overlooked evidence in the form of CCTV footage and CDRs and has undertaken the exercise of finding out provative and evidentiary values of the evidence on records, which is not permissible”, Justice Mahajan said.
He said the offence for which the respondents/accused were charge sheeted is serious and the matter requires consideration.
He issued notices to the respondents which are returnable on December 13, 2023.
“In view of this and having heard to the submissions made by the senior counsel, which prima facie appears to have substance, the operation of the impugned order is stayed till the next date of hearing,” the Judge directed.
Balbir Singh alias Billa, Rajinder Chaudhary alias Ganja and Sudershan Singh Wazir were discharged from all the offences in the murder case of Tarlochan Singh Wazir by trial court Judge Hem Raj. However, he ruled, accused Harmeet Singh will be liable to be charged for the offence under Section 302 IPC (murder).
Accused Harpreet Singh Khalsa is liable to be charged for the offence under Section 201 IPC and 174 A IPC. He too stands discharged from offence under Section 302 read with 120 B IPC, the trial court Judge had said.
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