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2013 Supreme(J&K) 340

MUZAFFAR HUSSAIN ATTAR
Som – Appellant
Versus
State Of J&K – Respondent


Advocates Appeared:
Z.S. Wattali, Surinder Kour, Rajiv Gorka.

(Oral)

1. FIR No. 08/2008 for commission of offences under Sections 307, 451, 147 RPC was registered at Police Station R.S. Pura against the applicants/appellants in Criminal Appeal No. 103/2012 on 20th January, 2008. The applicants/appellants in Criminal Appeal No. 103/2012 were taken into custody by the Police in the said FIR on 24th January, 2008 and 5th February, 2008 respectively. After the registration of the case and during the investigation, the injured person succumbed to the injuries and accordingly offence under Section 302 RPC was added. The report under Section 173 Cr.P.C. was filed on 23rd March, 2008. The applicants/appellants were charged for having committed offences under Sections 307, 147, 451 RPC. The appellants in Criminal Appeal No. 92/2012 and Cr. Appeal No. 95/2012 were not initially named in the FIR. During the investigation of the case, statement of the complainant was recorded under Section 164-A Cr. P.C. on 22nd March, 2008, in which, the names of the applicants/appellants were also included as alleged perpetrators of crime. Since the challan was filed against the appellants in Criminal Appeal 92/2012 and Criminal Appeal No. 95/2012 as well, they challeng













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