MOHD. FAROOQ MALIK Vs. STATE OF J&K

JUDGEMENT

(1.) The present petition has been filed by the petitioner, who is father of a young boy of 18 years of age, for quashing the charge-sheet filed by the SHO Police Station, Poonch, respondent No. 1 herein, arising out of FIR bearing No. 128/2018 for commission of offence under sec. 304-II RPC dtd. 13/8/2018 registered by the Police Station Poonch and also for quashing the order of learned Sessions Judge, Poonch dtd. 12/12/2018 (hereinafter to be referred as the trial court) whereby the learned trial court has framed the charge against the respondent No. 2-Rouf Kohli (Abdul Rahoof Kohli) under sec. 304-II RPC instead of sec. 302 RPC and further prayer is made for directing the trial court to frame charge against the respondent No. 2 under sec. 302 RPC.

(2.) It is stated that the dead body of the young son of the petitioner, namely, Rameez Raja Malik was found lying near the Azad Mohallah on the bank of River Poonch on 28/5/2018. Thereafter the inquest proceedings under sec. 174 Cr.P.C were initiated by the Police. The Police went on spot, took the dead body in their possession and after getting the post-mortem conducted upon the dead body handed over the same to the petitioner for last rites. Thereafter, statements under sec. 175 Cr.P.C. of the prosecution witnesses were recorded and the report of the FSL was also obtained.

(3.) During the inquest proceedings, it came to fore that on 27/5/2018 the deceased along with one Imran Ameen of Lassana reached Poonch at about 0700 hours and contacted the respondent No. 2 on phone for arranging Heroin (Chita) for the deceased. The respondent No. 2 arranged the dose for him and injected large dose to the deceased that caused his instantaneous death. On this, FIR 128/2018 (supra) was registered against the respondent No. 2 and after the conclusion of the investigation, as per Investigating Officer, the offence for commission of offence under sec. 304-II RPC was proved against the respondent No. 2 and charge sheet was accordingly filed. Thereafter, an application was also filed by the Prosecution for charging respondent No. 2 for commission of offence under sec. 302 RPC. The learned trial court after hearing the parties on charge/discharge, vide order dtd. 12/12/2018 (supra) declined to charge the respondent No. 2 under sec. 302 and rather framed the charge under sec. 304-II RPC against the respondent No. 2.