INDER SINGH Vs. STATE OF J & K

JUDGEMENT

(1.) Inherent jurisdiction of this Court is being invoked by the petitioner for quashment of the order dated 15.07.2019 ( for brevity 'impugned order') passed by the Court of Additional Sessions Judge, Jammu ( for brevity 'trial court') in challan titled State vs. Inder Singh.

(2.) The facts stated in the petition reveal that an FIR No. 5/2019 was registered at Police Station, Akhnoor on 09.01.2019, for offences under Section 302 RPC read with Section 3/25 Arms Act, against the petitioner herein resulting into presentation of a challan pending trial before the trial court.

(3.) The prosecution case set up in the challan is that the petitioner herein and one Pawan Kumar (hereinafter referred as 'deceased') being laborers used to work together and also used to go for hunting together. On 08.01.2019, the petitioner is stated to have gone to the house of deceased and took him for hunting in the forest of Raja Chak, Tehsil, Akhnoor and during hunting hit the deceased with the bullet shot from the gun of the petitioner resulting into his death on way to hospital on account of injuries sustained. The trial court in terms of the impugned order framed charges against the petitioner under Section 302 RPC read with Section 3/25 Arms Act.