STATE OF PUNJAB Vs. PARMINDER SINGH

JUDGEMENT

(1.) This reference has been made by the learned Sessions Judge, Hoshiarpur under Section 395, Code of Criminal Procedure.

(2.) Charge under Section 302 read with Section 34. Indian Penal Code was framed on February 18, 1985, against the accused Parminder Singh and Sarabjit Singh by the Additional Judge, Special Court, Hoshiarpur; In this reference the learned Sessions Judge. Hoshiarpur has recommended for the quashing of the charge on the ground that there is no evidence at all in support thereof. It is said that the only material upon which the charge was framed against the accused is their alleged confession before the police. It is manifest that such confession does not constitute legal evidence and no reliance can be placed thereon. The learned counsel appearing for the State could not deny that the charge has been framed against the accused by the Additional Judge, Special Court without any evidence in support there of.

(3.) In these circumstances this reference is accepted the charge framed against the accused is quashed and the accused are discharged.