P.B. KOHLI Vs. KESHAV VERMA

JUDGEMENT

(1.) Through the medium of instant revision petition, the petitioner has called into question the judgment dated 03.08.2013 passed by the learned Principal Sessions Judge, Udhampur (hereinafter referred to as the 'trial Court') in challan titled 'State vs. Keshav Verma and another (File No. 31/Sessions) for offences under Sections 306/498-A/34 RPC.

(2.) Petitioner claims to be the father of deceased, namely Mamta Devi, who, as per the challan filed by the investigating agency before the trial Court, is stated to have died on 11.05.2005 due to burn injuries received by her. The petitioner has challenged the impugned judgment whereby the accused/respondent Nos. 1 and 2 herein have been acquitted of the charges for commission of offences under Sections 306/498-A/34 RPC on the grounds that the investigation in the case has been conducted in a very casual manner; that most of the witnesses have been withheld by the prosecution; that the findings of the learned trial Court are against the law; that the learned trial Court failed to appreciate the statements of the prosecution witnesses in its right perspective, particularly that of PW Baghisha and that the learned trial Court has overlooked the vital evidence.

(3.) Learned counsel for the respondents has raised a preliminary objection with regard to maintainability of the instant revision petition on the ground that the State has not chosen to file an appeal against the impugned judgment of acquittal and that a revision petition filed by a prosecution witness against the judgment of acquittal is not maintainable, particularly when Section 417 of J&K Cr.P.C. provides for remedy of appeal by the State against the judgment of acquittal.