Station House Officer, Police Station, Pir Mitha, Jammu on 23.03.2002, presented a charge-sheet against the appellants before learned Chief Judicial Magistrate, Jammu, alleging therein that appellants on 04.02.2002, at 6.45 P.M. came to the grocery shop of one Shakti Kumar Gupta son of Janak Raj Gupta at Bawe Wali Gali, Jammu, demanded money from him and on his refusal, appellant Simon alias Sonu stabbed Shakti Kumar Gupta, while two other appellants, namely, Darshan Gill and Suram Chand alias Surma caught hold of his arms and that the victim of the murderous assault breathed his last on way to a local hospital.

2. The case being one exclusively triable by the Court of Sessions, learned Chief Judicial Magistrate, Jammu, committed the case to Sessions Court, Jammu on 23.03.2002. Appellants were on 27.05.2012 formally charged of the offences punishable under Sections 302/34 Ranbir Penal Code (hereinafter for short, RPC) and 4/25 Arms Act. They denied the charge and asked for regular trial. The prosecution, therefore, was left with no option but to examine the witnesses listed in the charge sheet to substantiate the charges against each of them.

3. The prosecution of the 1