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HIGH COURT OF JAMMU & KASHMIR AND LADAKH ATJAMMU SLA No.136/2016 Reserved on: 29.09.2026 Pronounced on: 06.11.2026 Uploaded on: 06.11.2026 Dalbeer Singh S/O Late Sarwan Singh aged

41 years R/O Paloura, Tehsil & District Jammu …Petitioner(s)

Through: Mr. A. K. Shan, Advocate v/s

1. Raghubir Singh

2. Hans Raj Singh, both sons of Gandharb Singh.

3. Rajinder Singh, 4. Rajvir Singh, both sons of Raghubir Singh.

5. Surinder Singh alias Romesh Singh S/O Hans Raj Singh, all residents of Patta Bohri, Jammu.

6. Pardeep Sharma alias Sanjeev Sharma S/O Ram Lal Sharma R/O Subash Nagar, Jammu.

7. Mohinder Pal Singh alias Sonu alias Raj Kumar S/O Naresh Singh R/O 518, Rehari Colony, Jammu.

8. State through P/S Janipur.

......Respondent(s)

Through: Mr. J. P. Gandhi, Advocate with Mr. Ashok Singh, Advocate Mr. Nipun Gandhi, Advocate & Mr. Sonam Sharma, Advocate.

CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE YASH PAUL BOURNEY, JUDGE

JUDGMENT

Per: Y. P. Bourney-J

01. Petitioner, who happens to be one of the injured/victims of alleged murderous assault, has filed this petition under section 417(2) of the Code of Criminal Procedure for seeking special leave to file an appeal against the order of acquittal dated 26.07.2016 drawn by learned 1^st Additional Sessions Judge, Jammu.

02. The occurrence is alleged to have happened on 17.09.2005 and a report came to be lodged by one Swarn Singhwith Police Station Janipur alleging therein that his son Sohan Singh @ Sonu had purchased a piece of land at Chohana, Ploura and was going to look after the same when he came to be attacked by accused/respondents with sharp edged weapons and sticks who were having common criminal intention to murder but was saved by the timely intervention of the some passers by and was brought and undergoing treatment at GMC Hospital, Jammu. It led to the registration of FIR No.94/2005 for the offences punishable under Sections 307/326/147/148/149/34 Ranbir Penal Code and 4/25Indian Arms Act and consequent setting into motion of investigation culminating into filing of the charge-sheet in due course on 06.08.2007, which upon committal eventually came to be assigned to the learned 1^st Additional Sessions Judge, Jammu. The learned trial Court after hearing both sides and going through the charge-sheet and material documents produced in support thereof, held the charges against respondents to be prima facie made out for the offences punishable under Sections 307/326/147/148/149/34 Ranbir Penal Code and 4/25 Indian Arms Act. They were handed down the charges accordingly, however, accused pleaded not guilty. So, prosecution was called upon to produce and examine its witnesses for proving the charges. Prosecution, during 7 ½ years of time and availing of numerous opportunities to produce the witnesses could examine only three witnesses namely PW-2 Sohan Singh, who was examined in-part and PW-7, Ranjeet Singh and PW-15 Dr. Sanjay Bhaton 18.05.2016.

03. It is pertinent to mention that on the day when PW-2 Sohan Singh,who happened to be one of the victims, was examined in-chief, an application filed by the defense for deferring the cross-examination of the said witness till the examination of his brother-Dalbeer Singh, the other victim was brought to the notice of court and the cross-examination was deferred. It, however, remained incomplete since the other injured was never produced and examined.

04. It is indeed disturbing in the given scenario, the way trial has proceeded and ended. Section 417 of the Code of Criminal Procedure Svt. 1989, which is pari-materia to Section 378 of the Central Code, reads as:

“417.Appeal in case of acquittal (1)Subject to the provisions of sub-section (4), the Government may, in any case, direct the Public Prosecutor to present an appeal to:

(a) the Court of Sessions from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;

(b) the High Court from an original or appellate order of