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2018 Supreme(J&K) 595

SANJAY KUMAR GUPTA
Khursheed Ahmed – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Petitioners:Mr. S.A. Hashmi, Advocate.
For the Respondents: Mr. A.M. Malik, Dy. AG

JUDGMENT :

1. Through the medium of instant revision, the petitioners have assailed the validity of order dated 22.02.2017 passed by the Sessions Judge, Bhaderwah whereby the petitioner Nos.1 to 5 have been charged with offences under Sections 302/109 RPC and petitioner No.6 under Section 302 RPC, with further prayer for setting aside the charges framed and the petitioners may be discharged of the charges framed against them, to meet the ends of justice.

2. Petitioner have stated in memo of petition that the whole of the prosecution case, as projected by the investigation agency in Challan presented under Section 173 Cr.P.C., hinges on the story of dispute having arisen between the deceased wife with her husband, with allegations made by the deceased against her husband (petitioner No.6) that accused was making and receiving calls to and from some girls during the night time, because of which the relationship between the duo had become strained that too only 15 days prior to the occurrence and before that the deceased was pleasant and cordial and there has been not a whisper of any dispute between the deceased and accused/petitioner No.6 nor there being any allegation of any kind of
































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