AB REHMAN Vs. STATE OF J&K

JUDGEMENT

(1.) THROUGH the currency of this petition proceedings initiated against Abdul Rehman and another for offence under sections 302/34 R.P.C. after the frame of the charge, pending in the Court of Sessions Judge, Poonch, have been sought to be quashed by invoking inherent jurisdiction under section 561 -A of the Code of Criminal Procedure.

(2.) FACTS relevant for the disposal of this petition, put tersely, are that on the recovery of the dead body of the deceased - Khalida Bi, wife of the petitioner -Abdul Rehman, on 25.10.2001 by the police, it was sent for post mortem examination. On the receipt of the post mortem report, proceedings were initiated by the Police Station, Poonch, under section 174 Cr.P.C. On the conclusion of the proceedings, a case under sections 302/34 R.P.C. stood registered at the behest of the concerned police officer vide communication dated 26.02.2002 against the petitioner and his brother -Abdul Qayoom for having caused the death of Khalida Bi by pressing the nerves of both side of her neck (by throttling), as a result of which she died and thereafter both the accused put the dead body of the deceased in a bag and threw it into the water by putting a white sheet on it and keeping stones on its corners so that the dead body may not come on the surface of the water, and the investigation ensued.

(3.) AFTER the completion of the investigation, challan against the accused/petitioner and his brother -Abdul Qayoom came to be presented before the Court and the trial commenced after the frame of the charge before the Sessions Judge, Poonch. Out of totality of eighteen witnesses cited in the challan, thirteen have been produced and examined by the prosecution to support the charge against the accused.