KARTAR SINGH Vs. PAWAN KUMAR

JUDGEMENT

(1.) ling with the Final Police Report filed under Section 173 of the Code of Criminal Procedure, by the Station House Officer, Police Station, Reasi, indicating Pawan Kumar alias Thoru and Ashok Kumar alias Shama, guilty of committing the murder of Joginder Singh son of Kartar Singh, in view of the investigation carried out in FIR No. 234/2009 registered at Police Station, Reasi under Sections 307/34 RPC, the learned Sessions Judge, Reasi, discharged the accused-Respondent under Section 302 RPC, finding a case only of culpable homicide not amounting to murder, punishable under Sections 304 Part-I/34 RPC, made out against them, vide his order of April 3, 2010.

(2.) Kartar Singh complainant and the State of Jammu and Kashmir have questioned the Sessions Judge's order, by their separate Revision Petitions.

(3.) Learned Counsel for the revision Petitioners contended that the learned Sessions Judge, Reasi, the trial Court, had committed an error of law, in omitting to appreciate the material placed on records by the prosecution, in support of its case, and adopt requisite approach, contemplated by law, to appreciate the facts and material, in terms of the provisions of Sections 268 and 269 of the Code of Criminal Procedure and the discharge of the Respondents was, therefore, liable to be set aside and quashed.