ABID AHMAD KHAN Vs. UT OF J&K

JUDGEMENT

(1.) The petitioner has challenged order dtd. 20/8/2021 passed by Principal Sessions Judge, Kupwara, whereby charges for offences under Sec. 302 of IPC and Ss. 3/181 of the Motor Vehicles Act have been framed against him.

(2.) A perusal of the record reveals that on 9/5/2020, complainant PW1-Khazir Mohammad Khan, lodged a written report with Police Station, Kupwara, alleging therein that on 28/4/2020, the petitioner and co-accused had beaten up his wife and other family members, as a result of which his wife and son had received injuries. It was further reported that in this regard FIR No.88/2020 stands registered. It was further alleged that the petitioner had threatened the complainant on that very day that he would finish off his son. The report goes on to allege that on 9/5/2020, the son of the complainant, namely, Junaid Ahmad Khan, was run over by the vehicle bearing No.JK09A-1593, that was being driven by the petitioner and that the said act was done by the petitioner intentionally to kill his son. On the basis of this report, the police registered FIR No.102/2020 for offences under Sec. 302 IPC read with Ss. 3/181 of the Motor Vehicles Act and started investigation of the case.

(3.) It was revealed during the investigation of the case that there was a long standing enmity between the complainant and the father of the petitioner in connection with a land dispute. It was also found that twelve days prior to the occurrence i.e. on 28/4/2020, a scuffle had taken place between the complainant party on one side and the father of the accused as well as his associates on the other side on the land located near the village regarding which FIR Nos.88/2020 and 91/2020 stand registered. The investigating agency found that the petitioner was driving the vehicle with which the deceased was hit, without the driving licence and the vehicle in question belonged to co-accused Nazir Ahmad Khan. It was also found that the petitioner had intentionally driven the vehicle in such a manner so as to knock the deceased down in order to cause his death. Thus, according to the challan, the offences under Sec. 302 of IPC and 3/181 of the Motor Vehicles Act were established against the petitioner whereas offence under Sec. 5/180 of the Motor Vehicles Act stands established against the co-accused.