VIJAY KUMAR Vs. STATE OF JAMMU & KASHMIR

JUDGEMENT

(1.) The present petition has been filed by the petitioner for quashing of order dated 23.09.2011 passed by the learned Sessions Judge, Jammu (hereinafter to be referred as the trial court) in a criminal challan, titled, State vs. Vijay Kumar pursuant to the FIR No. 32/2009 registered on the statement made by the complainant, Jeet Kumar S/o. Subash Chander, by virtue of which the petitioner has been charged under section 302 RPC.

(2.) The allegations against the petitioner are that on 14.09.2009 in the morning at around 9.30 A.M., the complainant was standing near the shop of 'General Merchants' and suddenly he heard the noise from the house of Surinder Kumar and he went to the house of Surinder Kumar, where Surinder Kumar and Vijay Kumar were fighting with each other and during the scuffle, Vijay Kumar, petitioner herein by way of a knife (Chhuri) hit near the right ear of the Surinder Kumar, as a result of which, the blood started oozing out and Surinder Kumar fell down. Initially FIR was registered under sec. 307 R.P.C. but as the deceased succumbed to the injuries, so later on offence under section 302 R.P.C. was added.

(3.) The petitioner has sought quashing of order dated 23.09.2011 (supra) primarily on the ground that it was sudden fight between the Vijay Kumar and the Surinder Kumar and the petitioner due to sudden and grave provocation hit the deceased with the knife near the right ear as a result of which he died and further that the petitioner had no intention to murder the deceased.