Shakuntla Devi vs Union Territory of J&K

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(J&K) 517

RAJNESH OSWAL
Shakuntla Devi – Appellant
Versus
Union Territory of J&K – Respondent

Advocates:
Advocate Appeared:
For the Petitioner:Mr. Ajay Bakshi, Advocate
For the Respondent: No.1: Mr. Aseem Sawhney, AAG
For the Respondent: Nos.2 to 5:Mr. Satinder Gupta, Advocate

JUDGMENT :

Rajnesh Oswal, J.-The present petition has been filed by the petitioner, who is mother of the deceased for quashing order dated 03.10.2019 passed by the 2nd Additional Sessions Judge, Jammu (hereinafter to be referred as the trial court) by virtue of which, the learned trial court has charged the respondent Nos. 2 to 4 for commission of offences under Sections 306 and 498-A/34 RPC and discharged them for commission of offence under section 304-B RPC. It is submitted that the order impugned is bad in law as the learned trial court without perusing the statement of the petitioner herein, PW Nisha Devi, PW Ashok Kumar and PW Krishan Lal has altered the charge from 304-B RPC to 306 and 498-A/34 RPC despite the fact that there was abundant evidence on record for framing of charge under section 304-B RPC against the respondents 2 to 4.

2. Mr. Ajay Bakshi, learned counsel for the petitioner has vehemently argued that there was sufficient material on record in the form of evidence of PW Shakuntla Devi, PW Nisha Devi, PW Ashok Kumar and PW Krishan Kumar for framing the charge under section 304-B RPC against the respondent Nos. 2 to 4 but the learned trial court ignored the vital