STATE Vs. RATTAN SINGH & ANR.

JUDGEMENT

(1.) Revision has been filed by the State of Jammu and Kashmir against order dated 31st July, 2014 passed by the Court of the learned Principal District and Sessions Judge, Ramban in case titled "State Vs. Rattan Singh and Anr." vide which the respondents were discharged of the offence u/s 304 RPC.

(2.) Learned counsel for the petitioners submitted that the accused chased the deceased in a careless and negligent manner whereupon the deceased fell into a gorge and lost their lives and on the basis of enquiry conducted u/s 174 Cr. P.C., FIR for offence u/s 304-A, RPC was registered and investigation started. Learned counsel contended that in the circumstances the order of discharge was not justified as it was on the basis of investigation, that the Investigating Agency had concluded that the accused being experienced police officials were aware of the topography of the area as being prone to landslide as also of a number of human lives already having been lost in the said area but still the accused chased the deceased on the intervening night of 1st Dec., 2011, as a result whereof, deceased being frightened on seeing the police officials and being unaware of the topography of the said area fell into the gorge.

(3.) Brief facts of the case are that on 2nd Dec., 2011, Police Station Ramsoo received a telephonic message from army ROP that two human dead bodies were lying downhill at the National Highway, Panthal. On receipt of information, inquest proceedings u/s 174 Cr. P.C. were initiated and the deceased identified as Basharat Hussain S/o Abdul Rashid and Rizwan Ullah Khan S/o Abdul Gafar Khan.