JUDGMENT

1. The charge sheet in FIR bearing No. 7/2013 dated 01.02.2013, registered with Police Station, Ramban, was filed against the respondent Nos. 3 to 17 on 29.07.2013 in the court of learned Sub-Judge (JMIC), Batote for commission of offences under sections 307, 147, 148, 427, 326, 323 and 201 RPC. The same was committed to the court of learned Sessions Judge, Ramban on same date itself. Learned Sessions Judge Ramban vide order dated 29.03.2014 discharged the respondent Nos. 3 to 17 for commission of offence under section 307 RPC and charged them for offences under sections 147, 148, 427, 336 and 323 RPC. Simultaneously, the challan was transferred to the court of learned Judicial Magistrate 1st Class (Sub Judge), Batote (hereafter to be referred as “the trial court”).

2. In the charge sheet, 29 witnesses were cited by the prosecution to prove its case. Learned trial court after framing of charge, examined 11 witnesses i.e. PW-3 Gurmeet Singh, PW-4 Mohd. Rashid Malik, PW-5 Tahir Mehmood Magray, PW-6 Mohd. Yasir, PW-7 Sarfraz Ahmed, PW-17 Subash Chander, PW-18 Mohan Lal, PW-19 Abdul Rahid, PW-20 Aman Malik, PW-21 Gopal Singh. However, the person who had lodged the report i.e. P