NARINDER KOUR Vs. IMRAN KHAN

JUDGEMENT

(1.) Police Station Bus Stand, Jammu on 15th November, 2008 presented a charge-sheet against the Respondents in the Court of Ld. Chief Judicial Magistrate Jammu alleging commission of offences punishable under Section 302 read with 34 RPC against the accused /Respondents. The case was committed to the Court of Session on 15th November, 2008 itself. Ld. Sessions Judge Jammu on going through charge-sheet as also material submitted therewith and after hearing the Public Prosecutor and the accused, vide order dated 30th June, 2009 arrived at the conclusion that prima facie offence punishable under Section 302 RPC was not made out against the Respondents/accused and that there was ground for presuming that the Respondent/accused committed offences punishable under Section 304-11/34 RPC. Ld. Trial Judge proceeded to formally charge Respondents/ accused of the offence punishable under Section 304-11 /34 RPC. The accused/ Respondent denied the charge and claimed to be tried. The trial, however, could not take off as immediately after Respondent/accused were on 9-7-2009 charged of the said offence, widow, brother and mother of the deceased filed instant petition under Section 561-A Code of Criminal Procedure. read with Section 439 Code of Criminal Procedure. throwing challenge to the order dated 30th June 2009 whereby the Trial Judge has in effect discharged the Respondents/accused of the offence punishable under Section 302 RPC.

(2.) The Petitioners' case is that the material collected during investigation does disclose commission of offences punishable under Section 302/34 RPC by the Respondents/accused and that discharge of the offence is uncalled and unjustified. It is urged that there was no reason for Ld. Trial Judge to conclude that, no sufficient ground existed for proceeding against the Respondents accused under Section 302-11/34 RPC. It is averred that Ld. Trial Judge has committed a grave error on law by sifting and weighing the evidence at the threshold stage and that the order dated 30-6-2009 was liable to be quashed and the Respondents/ accused directed to be charged for the offence punishable under Section 302-11/34 RPC.

(3.) I have gone through the petition as also trial Court record. I have heard Ld. Counsel for the parties at length. Before dilating on grounds urged in the petition it would be appropriate to have brief overview of the facts of the case, the background in which the case FIR No. 69/2008 dated 24-9-2008 came to be registered at Police Station Bus Stand Jammu and the material collected during investigation and placed before the Ld. Trial Judge with the charge-sheet.