ASHOK KUMAR Vs. STATE OF J&K

JUDGEMENT

(1.) THIS application has been preferred to dip out the accused, Ashok Kumar and Sohan Singh, facing trial for the commission of offence contrary to Sections 302/307/323/324/34 RPC before the Trial Court, pending in the stage of recording prosecution evidence.

(2.) THE allegations against the accused stemmed out of the record in brief are that the petitioners -accused accompanied by other confederate with a criminal intention and armed with sharp -edged weapon to eliminate Pawan Kumar and Yash Paul, attacked on the victims at Kundran, as a result of which, Pawan Kumar succumbed to the injuries and Yash Paul was lucky enough to have escaped with injuries alone. A case was registered against the accused and investigation ensued. On the conclusion of the investigation, challan was presented against the accused before the Sessions Judge, Udhampur on 29.12.1997. After the framing of the charge against the accused on 18.2.1998, the challan was set down for recording prosecution evidence.

(3.) MR . Harbans Lal, ld. counsel appearing for the petitioners, submitted that as many as 43 calendars have been fixed during all this period, but the prosecution has not been able to complete its evidence and the delay in producing the witnesses is clearly attributed to the prosecution and, thus, entitled the accused to be enlarged on bail.