ALI MOHAMAD Vs. WALI WANI

JUDGEMENT

(1.) THIS revision petition is filed by a private person i.e. complainant, against the order of discharge passed in favour of respondents 2 to 11 by learned Sessions Judge Baramulla, of an offence under section 302 R.P.C.

(2.) A preliminary objection is raised by the other side that a private party cannot file the revision and it was the State alone who was entitled to file the revision petition. Reliance was placed on an authority reported in AIR 1966 S.C. 911 (Thakur Ram and others v. The State of Bihar). The Supreme Court had sounded a note of caution that criminal law is not to be used as an instrument of wrecking private vengeance by an aggrieved party against the person who according to that party has caused injury to it. At the same time it has held that terms of section 435 Cr.P.C. under which jurisdiction of Sessions Court was invoked in that case were very wide and he should even have taken up the matter suo motu.

(3.) COMING to the merits of the case, it is revealed that eleven persons were put on trial before the Sessions Judge Baramulla under sections 302/148/341/149 R.P.C. for having caused the death of one Mohd Sultan. After the challan was presented, the learned Sessions Judge has observed that accused No. 1 namely Wali Mohd Wani was to be tried under section 304 Part I. R.P.C. and 148 RPC. Other accused persons have been discharged from the said offence and they are charge sheeted only under section 148 R.P.C. As a consequence of this accused 2 to 11 have been granted bail by the Sessions Judge.