In another rethink in the orchestra dancer killing case, the Punjab government has moved a plea to impose section 304 of the Indian Penal Code (IPC) that carries 10-year imprisonment, contrary to the decision of the Bathinda police of converting section 302 (murder) into 304A that carried a maximum of two-year imprisonment.
The state prosecution has stated this in the district court, which has now dismissed an anticipatory bail plea of the main accused, who feared re-arrest. While 304A deals only with causing death by negligence, section 304 is for culpable homicide not amounting to murder.
The killing of Kulwinder Kaur, alias Janu, had occurred on the night of December 3, 2016, in apparent celebratory firing.
“I am of the considered opinion that if the learned trial court reaches to the conclusion that an offence under section 304 is made out against the accused applicant, then trial court shall give one week's time to him to apply for anticipatory bail under section 304 IPC,” stated additional sessions judge Lalit Kumar Singla in the order dated May 10. The copy of the order was made available to the counsel for the victim’s parents on Wednesday and thus accessed by HT.
All three accused had been released on bail after the cops replaced murder charges with those of accidental death under and did not file the challan within the stipulated time period.
The main case is being heard by the Talwandi Sabo sessions court that would also be deciding on the move of the state police of converting section 302 IPC into 304A. The case next comes up for the hearing on Thursday.