STATE OF J&K Vs. DHANWANTER SINGH

JUDGEMENT

(1.) The instant criminal revision has been filed against the order dtd. 6/3/2014 (hereinafter referred to as, "the impugned order") passed by the Sessions Judge, Jammu (for short, "the trial Court") in an application titled, "State Vs. Dhanwanter Singh and ors. ", by virtue of which, the application filed by the prosecution through Special Public Prosecutor for granting of police remand against respondent Nos. 1 to 3 for further investigation has been dismissed.

(2.) The facts leading to the filing of the instant petition are that the FIR No.100/2005 for commission of offences punishable under sec. 302, 307, 147,148 149, 323 RPC read with Sec. 3/25 Arms Act was registered with the Police Station and on completion thereof, a criminal challan titled "State of J&K vs. Dilbagh Singh and others" came to be presented before the trial Court.

(3.) It is stated that in the said challan, the trial Court has rendered the judgment of acquittal dtd. 19/8/2013 in favour of the accused, who were facing the trial and against the said acquittal, an Acquittal Appeal No.163/2013 titled, "State of J&K vs. Dilbagh Singh and others" has already been filed by the State before the Division Bench of this Court, in which the process has already been issued against the respondents in the said appeal and that after acquittal of the accused persons, who were facing trial in the afore-titled criminal challan, the respondent Nos. 1 to 3, who were absconders in the case filed an application before the trial Court for surrendering, which Court thereafter kept the application filed by the respondents 1 to 3 for arguments on charge and when the State came to know about the same, an application was filed by the prosecution for giving police remand of the respondents 1 to 3, as their custodial interrogation was required before filing the supplementary challan against them, as further investigation is required to be done to further cull out the specific role, which was attributed to them in the commission of the heinous offence of murder.