Jyoti murder: Panchkula DM recommends appeal
Panchkula district magistrate (DM) SS Phulia, on Tuesday, signed the file recommending appeal against acquittal of Doon MLA Ram Kumar Chaudhary and 11 others in the Jyoti murder case. The final decision now rests with the office of the advocate general.chandigarh Updated: Oct 01, 2014 23:34 IST
Panchkula district magistrate (DM) SS Phulia, on Tuesday, signed the file recommending appeal against acquittal of Doon MLA Ram Kumar Chaudhary and 11 others in the Jyoti murder case.
The final decision now rests with the office of the advocate general.
“I have agreed with the opinion of district attorney APS Parmar and the deputy commissioner of police Rahul Sharma. Both had recommended filing of appeal,” said Phulia.
Jyoti was found dead on November 22, 2012, in Sector 21, Panchkula. Chaudhary, who was the main accused, faced trial and was acquitted on September 11.
In the district attorney’s opinion the trial court of additional district and sessions judge Roopam Singh erred in considering the battle over cistody of abortion documents as the motive of the murder of Jyoti; police chargesheet had claimed she was killed as she wanted to get married to Ram Kumar and was asking for more time and money.
It is also contended that the judge gave undue weight to the fact that the documents of abortion were found lying near Jyoti’s body and the accused Ram Kumar, along with the other accused, did not destroy the documents despite opportunity to do so. The call details of official number of Chaudhary (09816044340) and that of Jyoti (9915259514) had the same tower location ie. Airport Chowk, Hallo Majra, at about 9:15 pm on November 21, 2012, (night of murder); this was not appreciated.
It has been held that the trial court did not consider the fact that Chaudhary was present at Jindal Nursing Home in Sector 20, Chandigarh, on August 7, 2012, where Jyoti’s abortion was carried out as per the call details and also the abortion form bore his signature, a fact attested to by handwriting expert.
It was also pointed out that the court overlooked conspiracy between Chaudhary, Dharampal, Gurmeet and Paramjeet and also that the truck bearing registration number HP-12 A 7738 was in Panchkula on the day of the incident. The fact was further corroborated from deposition of Prikshit Sharma, general manager, Surajpur Chandimandir Toll Plaza.
The court did not consider, as per DA’s opinion, that Ishu, the sister of Jyoti, specifically deposed in court that Jyoti told her that she was having an intimate relation with the accused Chaudhary and he refused to marry her, as she was from the scheduled caste, but it was not being given due weight. It was added that both Ishu and her father Butti Ram received constant threats from the relatives of accused.
It was claimed that the trial court did not consider the recovery of ashes of truck tyres, which were proved to be of a heavy vehicle in the lab tests and the fact that ashes were recovered on the disclosure statement of one of the accused Paramjeet.