JANKAR SINGH Vs. STATE

JUDGEMENT

(1.) The learned single Bench (Mir J) has formulated the following question to be determined by a Division Bench.

(2.) The reference has arisen in the following circumstances of the case.

(3.) The petitioner came to be charged by the learned Additional Sessions Judge, Jammu for the offence under Section 303, RPC, on 21-4-1995, after over-ruling the learned counsel for the petitioner on his preliminary objection that in view of striking down Section 303, of the Indian Penal Code, by the Supreme Court, in a case reported in AIR 1983 SC 473, such a charge cannot be framed.