PARVEEN SINGH Vs. ABDUL RASHID AND ORS

JUDGEMENT

(1.) No one has appeared on behalf of the parties.

(2.) The instant revision petition has been filed against the order of Principal Sessions Judge, Rajouri, dated 27.04.2012 by virtue of which he has discharged respondents Nos. 1 to 3 in file No. 60/Murder arising out of FIR No.62/2009 registered at Police Station, Budhal, for commission of offences under Sections 302/120-B/201/195-A RPC. Since this Court in exercise of jurisdiction under Revision can see the illegality or impropriety of any order passed by the Court below, so I am deciding the matter, accordingly on merits.

(3.) From the perusal of the record, it reveals that on 12.09.2009, a source report was received in Police Station, Budhal that the dead body of one Karnail Singh alias Rano was lying on a thoroughfare at Phalni in suspicious circumstances. The proceedings under section 174 Cr.P.C. were started to ascertain the cause of death of the deceased. On examination of the dead body, it was found that the deceased had multiple wounds on his head and other parts of the body and it was concluded that it is a case of murder. Accordingly, murder case under Section 302 RPC was registered and investigation started. During the investigation, nothing conclusive came to the fore and in the meantime, a writ petition bearing OWP No. 508/2010, came to be filed in this Court by the son of the deceased and this Court directed for constitution of Special Investigation Team (SIT) for conducting the investigation within 12 weeks. Thereafter, the SIT collected the evidence and came to the conclusion that the crime was committed by accused persons/respondent Nos.1 to 3 after hatching a conspiracy. The SIT during investigation concluded that deceased was working in Ration Depot of accused No.1 since 7 to 8 years, and he was having friendly relationship with accused No.1 and his relatives. It was also found that deceased was a flirt and was having illicit relationship with the mother of accused No.4- Nissar Ahmed. A day before the alleged occurrence accused, Saleem Khan, Sher Khan, Zamarud Khan, Nissar Ahmed and Tilak Raj were found talking about the illicit relationship of deceased with mother of respondent No.4 and were discussing about bringing an end to their relationship by killing the deceased.