STATE OF J&K Vs. DUNI CHAND

JUDGEMENT

(1.) STATE of Jammu and Kashmir has preferred this Criminal Revision against order dated 11 -06 -2005 of learned Sessions Judge, Udhampur, whereby he has discharged respondents -1 to 3 in File No.14/Sessions, under Sections 307/325/201/34 RPC.

(2.) SHRI S.C. Gupta, learned Additional Advocate General appearing for the State, submits that learned Sessions Judge, Udhampur, has ignored the existing evidence on record while passing the order impugned in this Revision Petition, which, according to the learned counsel, has caused failure of justice. Learned counsel further urges that rather than advancing the cause of justice and correcting the error noticed in the proceeding, which was capable of its correction, learned Court has proceeded to discharge the accused, which course, according to the learned counsel, is impermissible.

(3.) SHRI Pawan Kumar Jandial, who has appeared on behalf of the respondents, while controverting the submissions of learned Additional Advocate General, submits that no error of law has been committed by the learned Sessions Judge, Udhampur. He has referred to the evidence recorded under Section 161 of the Code of Criminal Procedure to urge that there was no evidence worth the name and the learned Sessions Judge was right in passing the order of discharge of the respondents.