S. No. 05

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

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Crl R 19/2022

CrlM (1341/2022)

CrlM (774/2022

Reserved on :16.12.2022

Pronounced on :31.01.2023

Narjeet Kumar age 48 years S/O Sh. Kanshi Ram R/O

Thalsara Tehsil Bhalla District Doda (father of

deceased Sanjeet Kumar).

….Petitioner(s)

Through :- Sh. L.K. Sharma Sr. Advocate with

Sh. Mohit Kumar, Advocate.

V/s

1. Irshad Ahmed S/O Ghulam Qadir Butt R/O Altro

Trown Tehsil and District Doda;

2. Zubair Hussain S/O Anayatullah R/o Bhasti

Shangroo Tehsil Bhalla District Doda;

3. Firdous Ahmed S/O Faiz Ahmed R/O Bhasti

Shangroo Tehsil Bhalla District Doda;

4. UT of J&K Through SHO Bhaderwah.

….Respondent(s)

Through:- Sh. I.H. Bhat Advocate

Sh. Akeel Wani, Advocate

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Coram:

HON’BLE MR. JUSTICE MOHAN LAL, JUDGE

O R D E R

31 — 01 — 2023

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

2 Crl R 19/2022

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

indiscriminated beatings to deceased with fists 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 sifted the evidence and

decided the case fina