STATE OF J&K Vs. QASIM ALI

JUDGEMENT

(1.) THIS is a criminal reference made by learned Sessions Judge, Kargil for setting aside the order dated 8.8.2000 passed by Chief Judicial Magistrate whereby the proceedings initiated against the respondents for commission of the offences u/s 309 and 506 R.P.C on police report were dropped u/s 249 Cr. P.C.

(2.) SHORN of details, the necessary facts can be stated thus, that the respondent no. 1 and respondent no. 2 who are presently living as husband and wife, were in love with each other. As per prosecution story on the refusal of respondent No. 1 to marry with respondent no. 2, she consumed some poisonous material in order to commit suicide and thereby made unsuccessful attempt to take her own life. Consequently, case for commission of offence u/s 309 and 506 R.P.C. was registered and the accused on the Police report were put on trial. The sole eye witness did not support the prosecution so the learned Trial Court truncated the proceedings and dropped the same mid way u/s 249 Cr. P.C.

(3.) STATE went up in revision before the learned Sessions Judge who by his reference has recommended for setting aside the order of the Trial Court.