STATE OF J&K Vs. RANJIT SINGH AND ORS

JUDGEMENT

(1.) At the very out-set, it is pertinent to mention here that while perusing the judicial file Cr. Rev. No.38/2004, it became evident that Criminal Revision No.38/2004 was dismissed on 19/5/2006 having become infructuous on the ground that the State has already filed the appeal against the same order and the said appeal was subsequently treated as Criminal Revision No.62/2007 at the request of learned State Counsel.

(2.) Now vide this judgment Cr. Rev. No. 62/2007 is being disposed of only as the same is directed against the order dtd. 26/2/2004 passed by 3rd Addl. Sessions Judge, Jammu, by virtue of which accused persons (except Pritpal Singh and Shabil Singh) namely Ranjit Singh, Kuldeep Singh and Kulbir Singh have been discharged in FIR No.116 of 2003 for commission of offences under Ss. 302/147 RPC and 4/25 Arms Act.

(3.) The case of the prosecution as per the F.I.R lodged on 1/8/2003, is that Gurmeet Singh, Mandeep Singh and Manjeet were going towards their home on the Motorcycle No.2662-JK02B and, when they reached at Model Town Chowk N.H.W. at about 10.30 p.m, they saw a Gypsy No.0484-JK06 following them. It is alleged in the F.1.R that in the Gypsy accused Pritpal Singh, Shabil Singh, Kuldeep Singh, Kulbir Singh and Dilawar Singh were found sitting and were following the Motorcycle of the aforesaid persons. When this Gypsy reached at Model Town Chowk crossing, the said Gypsy struck against the Motorcycle and all the three riders of the Motorcycle fell down. Pritpal Singh, Shabil Singh and Kulbir Singh came out of this Gypsy equipped with kirches and started inflicting injuries with these kirches on all the three riders of Motorcycle. The other two persons who were sitting in the Gypsy were instructing these persons to kill all the three riders of the motorcycle, who were seriously injured and after causing serious blows on the riders of the motorcycle, the party fled away from the spot. The injured were taken to the GMC Hospital for treatment. Accordingly, FIR No.116 of 2003 for commission of offences under Ss. 307/147 RPC and 4/25 Arms Act was registered and investigation started. During the investigation Manjeet Singh died in the Hospital, and offence under Sec. 302 RPC was added. After the completion of the investigation, challan was produced in the competent court.