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2017 Supreme(J&K) 442

SANJAY KUMAR GUPTA
Mohd. Din – Appellant
Versus
Nek Mohd. – Respondent


Advocates Appeared:
For the Petitioner:Mr. G.S Thakur, Advocate
For the Respondents:Mr. O.P Thakur, Advocate, Mr. S.S. Nanda, Sr. AAG.

JUDGMENT :

1. Through the medium of this revision petition, petitioner/complainant has prayed for setting aside of order dated 30.06.2015 passed by 2nd Additional Sessions Judge, Jammu by virtue of which accused-respondents have been charge-sheeted under Sections 325/323/451/506/147 instead of Section 307 RPC on the strength of grounds set out in it. It has also been prayed that there was specific allegation of outraging modesty of woman, but no charge u/s 354 ROC has been framed.

2. The main facts emanating from the case set up by the petitioner are that on 01.07.2014 at about 6.00 p.m., the accused by making unlawful assembly started damaging the wall of the collapsed house of the complainant, to which son of the complainant-Farooq Ahmed asked accused not to damage the standing wall of the house and the accused hit the Farooq Ahmed on the head with a brick causing serious injury on the head and also outraged the modesty of Parveen Bibi and caught hold her from the breast, tore her clothes and dragged her. It is contended that Farooq Ahmed suffered multiple head injuries, i.e., hemorrhagic contusion right frontal region, continued depressed, fracture of frontal bone right side, frac
























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