STATE Vs. NARESH KUMAR

JUDGEMENT

(1.) AFTER investigating FIR No. 64/2002 registered for the commission of the offences under Ss. 302/34 RPC and 4/25 arms Act, the police filed the charge sheet against three accused, namely, Jatinder singh, Yash Pal and Naresh Kumar in the court of learned Chief Judicial Magistrate, udhampur. Out of three accused, two were produced in custody. Regarding the third accused Naresh Kumar, a statement was made for initiating proceedings under S. 512, Cr. P. C. as he has absconded. The learned Chief Judicial Magistrate leaving that matter for the Sessions Court to decide committed the case.

(2.) THE learned Sessions Judge, udhampur proceeded against accused naresh Kumar under Section 512, Cr. P. C. and framed the charges against the two accused in attendance and tried them for commission of the pffences under Section 302/34 r. P. C. and with 4/24 Arms Act and, thereafter, acquitted them of the charges on 23-11-2005. While acquitting the accused in attendance directed for issuance of roving warrants against absconding accused naresh Kumar.

(3.) ON 29-12-2005 accused Naresh Kumar surrendered before the Session Court and he was sent to judicial lock up, from where he was taken in custody by the police for investigation. After completing the investigation, a supplementary challan was filed by the investigating agency before the learned Chief Judicial Magistrate, udhampur, who committed the same also to the Court of Sessions. The learned Sessions Judge, udhampur framed the charges against accused Naresh Kumar on 19-4-2006 and directed the prosecution to lead evidence for proving the charges.