2010 Supreme(J&K) 427
Hasnain Massodi
Sadiq Khanday – Appellant
Versus
State – Respondent
Advocates Appeared:
S.T. Hussain, N.A. Tabasum.
1. Bashir Ahmad Khanday son of Ali Mohammad Khanday resident of Nasarpora, Khag, on 07.01.2009 lodged a written complaint with Police Station Khag, alleging therein that on the said date at 4:30 PM, S/Shri Sadiq Khanday, Farooq Ahmad Khanday, Mushtaq Ahmad Khanday, Reyaz Ahmad Khanday - petitioners herein and Mst. Mugli and Mst.Fata alias Naza, caught hold of his daughter - Kulsuma Bano, near local mosque and subjected her to beating; that Kulsuma Bano was so severely thrashed that the complainant lost hope of her life. The report prompted P/S Khag to register FIR No.01 of 2009 under section 307, 341, 34 RPC. The victim succumbed to injuries and offence under section 307 was changed to 302 RPC. After usual investigation the case was closed as proved against the petitioners and charge-sheet, alleging commission of offence under section 302, 341, 34 RPC, presented against the petitioners. The Trial Court upon perusal of the charge sheet and on hearing the public prosecutor and defence counsel as also petitioners held that the material prima facie disclosed commission of offence punishable under section 302, 341, 34 RPC, by the petitioners. The petitioners were, accordingly, charged o
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