ALAF DIN Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) In this petition filed under Section 561-A of the Code of Criminal Procedure Svt. 1989, the petitioner/complainant/injured, seeks quashing of order dated 21.11.2017 passed by the Principal Sessions Judge, Ramban, to the extent charge under section 307 RPC was dropped against respondent Nos.3 to 8 while framing charge in criminal Challan titled ' State vs. Fayaz Ahmed and ors .'.

(2.) The facts giving rise to the filing of this petition briefly stated are that the petitioner is a Government Teacher in Education Department and at the relevant time, he was posted in Government Middle School, Nablota, Tehsil Kheri, District Ramban. On 26.07.2016, while the petitioner was coming back to his home after discharging his official duties and on reaching Dangam forest, respondent Nos. 3 to 8 appeared and on account of previous enmity with common intention to murder, restrained and tied the hands of the petitioner. It is contended that the accused were having gun and weapons in their hands. They gave serious blows on the head and other vital parts of the body of the petitioner with intent to commit the murder. Thereafter, the accused persons tied a cloth over the eyes of the petitioner and forcibly put warm water in his mouth and also burnt the ears of the petitioner with lighter. The accused person fled away from the spot leaving the petitioner in a pool of blood, unconscious on the ground.

(3.) While framing the charges against the respondent Nos. 3 to 8, the Principal Sessions Judge, Ramban dropped the charges under Section 307 RPC and framed only charge under Sections 364/341/147/382/323/352/201 RPC and Section 30 I.A. Act. In the aforesaid factual background, the petitioner has approached this Court.