- (1.) Leave granted. This appeal arises out of an order dated 30th June, 2014 passed by the High Court of Jammu and Kashmir at Srinagar whereby Criminal Revision Petition No. 13 of 2012 filed by the State has been allowed, order dated 28th December, 2011 passed by learned Principal Sessions Judge, Shopian, set aside and the matter remitted back to him for a fresh order in accordance with law.
(2.) The Appellant is charged with the commission of offences punishable Under Sections 302 and 307 of the Ranbir Penal Code 1989 read with Sections 7 and 27 of the Arms Act. A chargesheet filed by the investigating agency before the jurisdictional court at Shopian eventually led to an order of discharge passed by the said court on 28th December, 2011. The trial court took the view that the prosecution had failed to assemble any evidence to justify framing of any charge against the Appellant. The court referred to the statement of constable Gurjeet Singh alias Gurmeet Singh to hold that the same was not sufficient even to raise a grave suspicion for framing of charge against the Appellant. The trial court in that view held the allegation against the Appellant to be groundless and accordingly discharged him.
(3.) In a revision petition filed against the said order, the High Court has by the order impugned set aside the discharge primarily on the ground that the trial court had not applied its mind to the evidence available on record. The High Court, however, did not refer to the evidence which was in its opinion suggestive of the involvement of the Appellant or which had been ignored by the trial court. The present appeal, as noticed earlier, assails the correctness of the said order.;