MOHD AROOF KHAN Vs. STATE AND ORS

JUDGEMENT

(1.) Present Letters Patent Appeal is directed against the judgment dated 01.10.2015, whereunder petition OWP No.1016/2011 seeking direction in the name of respondents to re-investigate the case registered as FIR No.16/2011 P/S Surankote has been dismissed.

(2.) The factual matrix which has given rise to the instant lis is that on an information received from reliable resources by the Police Station Surankote to the effect that two persons namely Mohd Mahroof Khan and Sarwar Khan armed with 12 Bore rifles had gone for hunting towards Donar Forest near Dearr-ki-Gali, Baffliaz. Sarwar Khan believing movement and sound of the cocks fired from his rifle but the fire shot hit Mohd Mahroof Khan (deceased) who was on opposite side of the bush, consequently died on spot.

(3.) Case was registered as FIR No.16/2011 for commission of offence punishable under section 304 RPC and 27/30 of Arms Act Police Station, Surankote. Initially the case was being investigated by ASI Munshi Ram but later on, same was transferred to SHO Surankote for further investigation. During investigation spot demonstration revealed that the accused had fired the shot from a distance of 42 ft at about 1740 hours with an intention to kill the deceased. On his investigation it was established that the Sarwar Khan had committed the offence under Section 302 RPC.