(1) This judgment will govern the disposal of Criminal Revision Petitions Nos. 112 of 1979 and 7 of 1980, as these are directed against two orders passed by Sessions Judge, Poonch, in the same case pending trial before him. By his earlier order dated 22-10-1979. he dropped proceedings against two accused persons, namely respondents Nazir Hussain Shah and Mst. Sarir Fatima in Petition No: 112, and by his later order dated 27-11-1979 he refused to charge-sheet the respondents in petition No : 7 under sec. 302 and charge-sheeted them only under sections 148, 325, 323 and 326 read with Section 142 R. P. C. The facts leading to the filing of these petitions may be briefly stated as below :

(2) Police Station, Mendhar, initially put up a challan against ten accused persons namely, respondents Zaman Shah, Aftab Shah, Muslim Shah, Zahid Shan, Zaqir Shah, Asgar Shah, Qaramat Shah, Sabir Hussain Shah, Manzoor Hussain Shah, and Mst. Sakina Bi in the court of Chief Judicial Magistrate, Poonch, for having committed the murder of one Mst. Kaki, and for having caused grevious injuries to few others. Out of the aforesaid ten accused persons, two, namely, Zaman Shah and Aftab Shah were found to ha

Click Here to Read the rest of this document