GHULAM HASSAN BEIGH Vs. MOHAMMAD MAQBOOL MAGREY

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is at the instance of the original complainant (husband of the deceased) and is directed against the order passed by the High Court of Jammu and Kashmir at Srinagar dtd. 26/11/2020 in the CM (M) No. 99 of 2020 by which the High Court rejected the revision application filed by the appellant herein thereby affirming the order passed by the Additional Sessions Judge, Sopore (trial court) discharging the original accused persons (respondents Nos. 1 to 7 herein) from the offence of murder punishable under Sec. 302 of the Indian Penal Code (for short, 'IPC'). Upon affirmation the trial court proceeded to frame charge against the accused persons for the offence of culpable homicide punishable under Sec. 304 of the IPC.

(3.) It appears from the First Information Report (FIR) bearing No. 26/20 dtd. 22/3/2020 lodged by the appellant with the police station situated at Dangiwacha that on the fateful day, the accused persons formed an unlawful assembly and laid an assault on the appellant and his family members after trespassing into the residential property of the appellant herein. It is the case of the prosecution that all the accused persons trespassed into the residential property of the appellant and started damaging the tin fence. When the appellant herein tried to restrain the accused persons from causing any further damage, they all started assaulting the appellant by giving fisticuffs. One of the accused persons is said to have hit the appellant with a wooden log. The wife of the appellant herein and his daughter-in-law viz. Rubeena Ramzan came to the rescue of the appellant. The accused persons are alleged to have caught hold of the deceased (wife of the appellant herein) and the daughter-in-law and both were beaten up causing injuries. It is further alleged that the two female members of the family were dragged by the accused persons as a result the clothes of the deceased got torned thereby outraging her modesty.