SHAMSER SINGH Vs. STATE

JUDGEMENT

(1.) THE petitioner -accused has filed this revision petition against the order dated 15.01.2008, passed by the learned Additional Session Judge, Jammu in file No. 39/challan of 2007, whereby charges under section 302 RPC and 30 Arms Act have been framed against the petitioner or in the alternative treating the petition under section 561 -A Cr.P.C. for quashing the proceedings against the petitioner -accused in the above mentioned case under section 302 RPC and 30 Arms Act.

(2.) THE prosecution case is that Police Station, Gangyal received an information through reliable source on 04.06.2007 that two parties are having inimical relations between each other regarding a plot of land and on that day at 9 A.M at Purmandal Morh on the National Highway, the complainant party armed with Tokas stopped the Alto Car of the accused and attacked upon him with 'Tokas. The accused -petitioner Shamsher Singh fired two shots from his revolver which hit Vijay Kumar who died on spot. The Shamsher Singh ran away in car No. JK02A -2300 and the dead body was lying on spot. On this information, FIR No.38/2007 under Sections 302 RPC, 3/25 Arms Act was registered with Police Station, Gangyal and investigation started. After completion of the investigation, a chargesheet under Sections 302 RPC 3/25 Arms Act was presented before learned Chief Judicial Magistrate, Jammu on 25th July 2007, who committed the case to the court of Sessions Judge and the case was transferred to Additional Sessions Judge, Jammu.

(3.) AFTER going through the evidence and other material collected by the investigating agency during investigation, the learned Additional Sessions Judge, Jammu found that a prima facie case for commission of offences under Sections 302 RPC, 30 Indian Arms Act was made out against the accused -petitioner and thereby framed charges for these offences against the petitioner -accused on 15.01.2008.