The main legal point established in the judgment is that the charges should be framed based on the evidence collected by the investigating officer, and the court has the authority to direct the trial court to reframe the charges if the initial framing is found to be legally untenable.

JUDGMENT :

1. Instant Criminal Revision is directed against order dated 22-03-2022 rendered by the court of Ld. Addl. Sessions Judge Doda discharging respondents 1, 2, 3 from the commission of offence u/ss 302, 120-B & 201 IPC and only framing charges against them for commission of offence u/s 304 IPC. Aggrieved of and dissatisfied with the impugned order, petitioner has questioned it's legality, propriety and correctness on the following grounds:-

(i) that the petitioner is father of deceased Sanjeet Kumar and is aggrieved of the impugned order dated 22-03-2022 whereby respondents 1, 2, 3 have been discharged from commission of offences u/ss 302/120-B/201 IPC and charges have been framed against them only for commission of offence u/s 304 IPC;

(ii) that the son of petitioner namely Sanjeet Kumar (deceased) was in love with Muslim girl namely Safa Shanaz which was not liked by the parents of girl and especially by respondents/accused who had threatened the son of the petitioner to remain away from the girl failing which he will be killed;

(iii) that on the day of occurrence on 21-07-2021 deceased was called by Safa Shanaz on mobile phone in her house, when the deceased reached in her house, from there he was taken to near Bhairav Mandir in the jungle where both of them sat, accused/ respondents follow them and all the accused caught hold of the deceased and by putting cloth in his mouth started in discriminated beatings to deceased with fsts and kicks which result into ruptured of his lever whereby he died on spot, after deceased died, accused took away his body and threw in the jungle nearby along the rock which had big fall to show that deceased has died of a fall, accused No. 1 Irshad Ahmed give a call to Khurshid that one dead body is lying near Bhairav temple and even the girl did not tell the real story till she was grilled by the investigation team and they came up with a false story that they wanted to give a lesson to the deceased having fallen in love to a Muslim girl;

(iv) that the police after investigation produced challan against accused/respondents u/s 302/120-B/201 IPC which was committed to the court of Additional Sessions Judge Doda, Ld. Addl. Sessions Judge Doda heard the arguments on the framing of charge and discharge respondents 1, 2, 3 from the charges of murder u/ss 302/120-B/201 IPC but only framed a charge under section 304 IPC vide impugned judgment;

(v) that the trial court's impugned order/judgment is contrary to law and facts as the trial court has sifed the evidence and decided the case finally, accused have conspired to teach lesson to the deceased for falling in love with Muslim girl, with criminal intention they collected themselves and beat the deceased mercilessly and hitting him on his vital part which was sufficient to cause his death and when they was satisfied that deceased had died they disposed of the body by throwing it near the fall to hide the crime committed by them, the trial court has wrongly discharge the accused u/s 120-B for the reasons that liberty of an individual act could not be detained as to who hit the deceased on his vital parts which resulted his death, court has wrongly discharged the accused u/s 201 IPC when there is clear evidence that accused disposed of the body by throwing it 100/120 feet below in the jungle near a rock and also threw his boot, mobile, socks in the bushes near the dead body with intention to show that deceased has died on account of fall;

(vi) that the trial court has also erred in discharging the accused/respondents from offence of murder u/s 302 IPC when there is sufficient evidence that accused have killed the deceased, and the finding of trial court that if there would have been an intention to kill the deceased they would have taken some weapon with them but the court has ignored the fact that all the accused were well built and they knew wher