JUDGMENT :

J.B. PARDIWALA, J.

1. Leave granted.

2. This appeal is at the instance of the original complainant (husband of the deceased) and is directed against the order passed by the High Court of Jammu and Kashmir at Srinagar dated 26.11.2020 in the C.M. (M) No. 99 of 2020 by which the High Court rejected the revision application filed by the appellant herein thereby affirming the order passed by the Additional Sessions Judge, Sopore (trial court) discharging the original accused persons (respondents Nos. 1 to 7 herein) from the offence of murder punishable under Section 302 of the Indian Penal Code (for short, ‘IPC’). Upon affirmation the trial court proceeded to frame charge against the accused persons for the offence of culpable homicide punishable under Section 304 of the IPC.

FACTUAL MATRIX

3. It appears from the First Information Report (FIR) bearing No. 26/20 dated 22.03.2020 lodged by the appellant with the police station situated at Dangiwacha that on the fateful day, the accused persons formed an unlawful assembly and laid an assault on the appellant and his family members after trespassing into the residential property of the appellant herein. It is the case of the prosec