STATE OF J AND K Vs. DEV RAJ

JUDGEMENT

(1.) This revision-petition has been filed by the State against the order dated 27-3-2003 passed by learned 2nd Addl. Sessions Judge, Jammu in File No. 22/Session whereby he has discharged the accused-respondents under S. 302, RPC but charged-sheeted them under S. 304, Part-II read with S. 34, RPC.

(2.) The relevant facts for the disposal of this revision-petition are that, originally a case under Ss. 279/337, RpC was registered on reliable information that deceased-Amrik Singh son of Sardar Singh was driving his Scooter bearing Registration No. 0637-JK02Q rashly and negligently on the road and he could not control the scooter and fell down and sustained grievous injuries and remained admitted in G.M.C. Hospital, Jammu.

(3.) The investigation was conducted and during investigation, statements of witnesses were recorded including the statement of Amrik Singh deceased and said statement of the deceased was treated as dying declaration. In his dying declaration, the deceased has stated that on 30-6-2002 he had gone to Bishnah on a scooter in connection with some domestic work along with one Rinku and when he reached Deoli from Bishnah, one Sukhdev Raj, Panch, told him that there is a "Naka" against him ahead and he should not go from that way but it was not told to him that who has held that "Naka." He further deposed in his statement that he told Sukhdev Raj, Panch, that, he has no enmity with any person so that how any body will kill him. When he along with Rinku went ahead for going to Lasora and reached near Deoli temple accused-Sucha, Baldev Raj alias Billa and Puppi who are real brothers along with 10/12 persons, assaulted him with Lathies. He fell down from the scooter and Rinku raised alarm, he became unconscious. Amrik Singh succumbed to his injuries, a case against the accused was registered under Ss. 302/34, RPC and 201, RPC.