1. This is a Revision filed against an order passed by Sessions Judge Budgam on 29-11-1996, whereunder accused named Ahad Sofi, Assad Sofi and Rahim Sofi have been charged of Section 304-A Part II and thus discharged from Section 302 of RPC. So far accused Mohd Sofi is concerned he has been discharged. The prosecution story in brief is that on fateful day of occurrence the accused after forming an un-lawful assembly assaulted the deceased Mohd Sofi. He received a fatal blow from accused Assad Sofi. He was hospitalised. After a duration of seven days he succumbed to his head injury sustained by the blow. The learned trial court after hearing the parties seems to have been seled by some authorities, reproduced at page 3 of the order and thus hold that the death was caused by a "Single blow" "at the spur of moment", "without there being any pre-meditation" and holds the act to be the outcome of sudden implusive provocation. Interestingly the Trial Court has held as under: -

"I am satisfied that the intention to cause death of the deceased Mohd Soft cannot be attributed to A-1, A-2 and A-3 in this case. The said accused did not cause any injury to the deceased with any sharp edged weap

Click Here to Read the rest of this document