HC: Last seen with victim no ground to frame charge

Tribune News Service

Chandigarh, April 17

The Punjab and Haryana High Court has virtually taken away from the prosecution one of its most potent instruments for building up a case against an accused by making it clear that “last seen with the victim” alone was no ground to frame murder charge. The High Court ruled that other incriminating evidence, too, was required.

“Merely the evidence of last seen with the deceased is no ground to frame charge under Section 302 of the IPC against an accused, unless it is accompanied by other facts which constitute a complete chain to incriminate the accused,” Justice Rajbir Sehrawat ruled.

The ruling came during the hearing of a petition filed against Punjab by a father, whose son in love with his first cousin died because of poisoning. Following the incident, an FIR was registered on November 26, 2013, for abetment of suicide and common intention under Sections 306 and 34 of the IPC at Jalandhar Division Number Two police station. The victim’s cousin was one of the accused in the trial.

The petitioner-complainant, during the course of trial, moved an application for amendment of the charge from abetment under Section 306 IPC to murder under Section 302. But the plea was dismissed vide the impugned order dated November 19, 2018, by Jalandhar Additional Sessions Judge.

Challenging the order, the petitioner-complainant told the Bench that the victim had gone to Jalandhar to meet the girl, but was telephonically informed that his son was serious and being taken to hospital. He was later intimated about his son’s death.

Referring to the facts, the complainant alleged that his son had lost his life following a conspiracy hatched by the girl and her other cousins “because these were the persons who had taken the deceased to the hospital, and, therefore, they were last seen with the deceased”.

Taking up the matter, the Bench referred to the trial Court’s observations that the girl had taken the victim to a medical store for finding an antidote for the poison consumed by him before taking him to Civil Hospital in an attempt to save his life. Declining the plea, the trial court observed it could by no means be concluded that she had intention to commit murder or had committed the murder. Finding no merit in the case after hearing the arguments, the Bench also dismissed the plea.