HC notice to state on plea for adding murder charges
ACCUSED CURRENTLY FACING TRIAL UNDER SECTION 304 (CULPABLE HOMICIDE THAT DOES NOT AMOUNT TO MURDER) OF IPC THAT CARRIES A MAXIMUM JAIL TERM OF 10 YEARS
BATHINDA: :The Punjab and Haryana high court has served notice of motion to the Punjab government for November 14, in the infamous orchestra girl killing case of December 2016. The court was hearing a plea of the victim’s mother who had sought trial of the two accused under Section 302 (murder) instead of Section 304 (culpable homicide not amounting to murder) of the Indian Penal Code (IPC).
The victim, Kulwinder Kaur, had died of a gunshot wound while performing on the stage at a wedding in Maur on the night of December 3 and 4 in 2016.
The court of justice Raj Shekhar Attri has also ordered the adjournment of the trial proceedings at the Talwandi Sabo court beyond November 14, when the state is ought to present its standing on the plea of aggrieved mother Manjit Kaur.
The fresh petition says that the Bathinda district court had not honoured the high court’s earlier directive of July this year that the petitioner was at liberty to move the district court for adding Section 302 in the case.
The matter had cropped up after the aggrieved mother opposed the bail plea of main accused Lucky Kumar, who allegedly had fired the fatal shot. The Maur police had booked Lucky Kumar aka Billa and Sanjay Goel under Section 302 a day after the crime on December 4, 2016. But the FIR was amended and Section 302 was replaced with Section 304-A (accidental death with maximum 2-year imprisonment) after a special investigation team (SIT) of the police filed its probe report.
It was the state prosecution at the Talwandi Sabo court that added Section 304 (culpable homicide not amounting to murder that carries a jail term up to 10 years) in its charge sheet that was filed in September 2017, nine months after the incident.
The HT had earlier reported on July 14, 2018, that the slain orchestra girl’s poor parents and sisters were getting life threats to withdraw the case.
“Some people came to our house at the behest of the accused last month and offered us ₹12 lakh to withdraw the case. They warned us that if we do not withdraw the case, they will kill us,” the slain girl’s mother had told the Bathinda district court in July.