ZAHOORA BANO Vs. FAYAZ AHMAD KHAN

JUDGEMENT

(1.) By the medium of instant petition, petitioner has sought the setting aside of order dtd. 14/2/2019 passed by learned Principal Sessions Judge, Kulgam and also issuance of a direction to the trial court to frame the charge against the accused/respondents under Sec. 302, 147, 148, 452, 427 and 120-B RPC.

(2.) In the petition, it is being pleaded that on 3rd of September, 2018, report was lodged in Police Station Kulgam by Mst. Zahoora Bano, the present petitioner, against the respondents herein stating therein that the respondents/accused persons entered wrongfully/forcibly into her brother's house and caused damage to his life and property. The accused persons attacked the brother of petitioner with a bat and injured him seriously. On resistance, the accused Afaq Ahmad Khan S/o Fayaz Ahmad Khan with the intention to kill her brother, namely, Shahid Ahmad Bhat, inflicted a blow of bat on him resulting in serious injuries who was taken to Kulgam Hospital, wherefrom, he was shifted to SKIMS Soura Srinagar. On receipt of report, case was registered under FIR No.148/2018 for the commission of offence under Ss. 147, 148, 452, 307, 427 RPC and investigation was taken up.

(3.) During investigation, it came to surface that the injured person was admitted in SKIMS, Soura, Srinagar and was at Ventilator (ICU) whose condition was stated to be very serious and breathed his last at SKIMS on 24/9/2018. Investigation Agency concluded the investigation and submitted the final report wherein the investigation agency framed the opinion that the respondents are guilty of commission of offence punishable under Ss. 307, 147, 148, 427 and 452 RPC.