JUDGMENT :

A.K. SIKRI, J.

Leave granted.

2. In this appeal filed by the complainant, at whose instance FIR in question was registered, the appellant impugnes judgment and order dated May 4, 2017 passed by the High Court of Jammu and Kashmir. By the said judgment, the High Court has quashed the order dated August 9, 2014 passed by the trial court. The controversy in the present appeal is limited to the charge for which respondent Nos. 2 and 3 (hereinafter referred to as the ‘accused persons’) are to be tried for allegedly causing death of one Abdul Rashid on account of electrocution, under suspicious circumstances. It may be pointed out that FIR was registered against the accused persons under Section 304 of Ranbir Penal Code (hereinafter referred to as the ‘RPC’) for causing death by rash and negligent act. However, at the time of framing of charge, after looking into the record of the case, the Sessions Judge formed an opinion that the investigation prima facie establishes offence under Section 302 RPC (i.e. culpable homicide amounting to murder) and not under Section 304 RPC which had been wrongly invoked by the Investigating Officer at the conclusion of the trial. Thus, vide his or