HC orders lower court to ensure no unnecessary delay in trial of 2010 murder case
It said that while the star witness of the case turned hostile, a few witnesses also expired during the course of trial
New Delhi: The Delhi High Court has directed a lower court to ensure that the trial in a 2010 murder case, in which a 22-year-old man was killed after receiving 76 injuries, is not ¿unnecessarily delayed¿. Justice A K Chawla also asked the trial court judge to ensure that no unnecessary adjournments are granted in the nearly nine-year-old case.
The high court's order came on a plea by the father of the victim Umesh Singh seeking a speedy trial in his son's murder case in which the charge sheet was filed eight-year-ago but the matter is yet to be decided by the lower court. Advocate Pritish Sabharwal, appearing for Balwant Singh Rawat, submitted that the case was listed before the trial court 37 times and it was being delayed due to non-availability of either the accused persons' counsel or the special public prosecutor. Justice Chawla said, "The copy of this proceeding be sent to the trial court which shall ensure no unnecessary adjournments are granted.
The trial court should ensure that conclusion of trial should not be unnecessarily delayed.¿ The high court listed the matter for further hearing on May 30 and asked the police to file an additional status report regarding the execution of non bailable warrant issued by the trial court against an accused who had failed to appear before it. It also directed the investigating officer/ SHO to remain present before the court on May 30.
Advocate Kamna Vohra, representing the Delhi Police, said a status report has been filed by the state and all the prosecution witnesses in the case have already been examined by the trial court. A status report submitted by the trial court judge stated that one of the accused, Praveen Nagar, absented on the last hearing and NBW has been issued against him. According to the petition, Kamal, a Delhi University student, was murdered by five persons near a gurudwara in Sonia Vihar area in north east Delhi on July 12, 2010. The victim was taken to GTB Hospital where he was declared brought dead. Police had said that 76 injuries were inflicted on the victim's head, legs and hands with a sharp and blunt object.
Two charge sheets were filed against the accused in October 2010 and May 2012. The police filed charge sheets against accused Bachhan Nagar, Umesh Kumar, Praveen Nagar, Yogesh and Parvinder. They are facing trial for the alleged offences of murder, abduction and destruction of evidence under the IPC. The plea said due to non-conclusion of the trial and adjournments being sought by parties, the rights of the victim's father have been greatly prejudiced and has caused miscarriage of justice. It said that while the star witness of the case turned hostile, a few witnesses also expired during the course of trial.
Sign up for all the latest news, top galleries and trending videos from Mid-day.comSubscribe
2008 Aarushi-Hemraj murder case: Allahabad HC acquits Rajesh, Nupur Talwar