Wednesday, December 08, 2021

Twist in July 4 murder trial

By EMN Updated: Oct 28, 2013 11:42 pm

Staff Reporter

Charges against all the four persons accused to be involved in the gruesome murder of a woman on July 4 last at Residency colony were framed here today at the Additional District Sessions and Judge’s court.
Prosecution counsel, and Public Prosecutor of Dimapur, Imtiakum Jamir charged all the accused persons with various offences under section 447, section 376, section 302, section 380 and section 34 of the Indian Penal Code. The defense counsel had objected to the charges framed under section 380 and 447 of the IPC on the ground that the owner of the house could not be accused of trespassing and committing theft in his own house.
The objection was however overruled on the argument that the section 34 of IPC which relates to “acts done by several persons in furtherance of common intention” renders the other charges relevant “for the time being.”
It was learnt that all the accused persons have pleaded not guilty against the charges framed against them.
Prosecution counsel Imtiakum Jamir has also moved the court to allow one of the accused persons, the brother-in-law of the victim, to be used as a material evidence/witness during the trial. The defense counsel is learnt to have “vehemently objected” to this plea, arguing that a person cannot stand witness to his own case.
The catch to the case, however, is that the accused brother-in-law was the one who had actually filed the FIR with the police. And without questioning the complainant during court trial, the process cannot move on, sources said.
Another hearing, in connection with the plea to allow the accused brother-in-law to stand witness, has been scheduled on October 30 next.

By EMN Updated: Oct 28, 2013 11:42:01 pm