JUDGMENT :

1. Through the medium of this petition, the petitioner-State seeks setting-aside of the Order dated 19th October 2010, passed by the court of Principal District & Sessions Judge, Kupwara (for short “Trial Court”) on the grounds made mention of therein.

2. I have heard learned counsel for parties and considered the matter.

3. Perusal of the file reveals that on 28th November 2009, one Alam Din Khan S/o Noor ud din Khan R/o Dragad, lodged a written complaint in police station Tangdar, alleging that Shireena Begum D/o Sharief Din R/o Dragad, his Niece, was married to accused about two years back but the accused had been giving beating to her every day and that in view of beating given to her she left for her parental house on 25th November 2009, but on the next day she was made to go back to her matrimonial house but on 26th November 2009 the accused beat here. On 28th November 2009, the accused again gave beating to her and caused her death. This resulted in registration of case FIR no.42/2009 under Section 302 RPC.

4. During investigation, as prosecution would contend, dead body of deceased was subjected to post-mortem examination and the viscera was sent to FSL, Srinagar