Tashi Rabstan J.:— Judgment dated 31.10.2005, passed by the Additional Sessions Judge, Reasi (for short, impugned judgment), by virtue of which the respondents have been acquitted of the charges leveled against them in case titled State of J&K v. Mst. Gultaz Begum and others, for the commission of offence punishable under Section 302/109 Ranbir Penal Code (for short, RPC) is called in question by the appellant-State. Aggrieved of acquittal of the respondents, appellant has preferred appeal in hand. Since, there is no representation on behalf of the appellant, we find that the State is not interested in prosecuting its appeal. Accordingly, we heard learned counsel for the respondents, considered his submissions, perused the judgment rendered by learned Additional Sessions Judge, Reasi. The brief facts of the case are that a wireless message was received in the Police Station, Reasi that on 18th February 2001, some unidentified persons entered into the house of one Krishan Singh where deceased Sheru son of Feroz was residing along with his family members was killed with some sharp edged weapon. It is also the case of the prosecution that after receiving the said message, officer-in-charge of the said Police Station reached there and informed that on 19.02.2001 at about 3.30 a.m. a noise was heard from Laddha side that militants had come to the village and they entered into the cattle shed of Krishan Singh where deceased was living. Thereafter, firing and cross firing started between member of Village Defence Committee, Police Personnel and STF post. In the morning, it was known that Sheru had been murdered and his body was lying in the cattle shed. Army personnel, who came on spot, told that four militants had been killed. The officer-in-charge took body in his possession and after postmortem handed over the same to his legal heirs for performing the last rites. The Investigating Officer also seized the blood stained boot, bed sheet, blood stained and simple clay from the spot and sent the same for chemical examination. A case under FIR No. 20 of 2001 was" registered against the accused for the commission of offence falling under Section 302 RPC read with Section 4/25 Arms Act and investigation was entrusted to ASI-Kabla Singh.
A case under FIR No. 20 of 2001 was" registered against the accused for the commission of offence falling under Section 302 RPC read with Section 4/25 Arms Act and investigation was entrusted to ASI-Kabla Singh. During investigation, it was rumored that deceased Shef Mohd was not murdered by the militants, but, by some one else with sharp edged weapons and this fact is known to only accused Gultaz Begum and his brother, but, during investigation said Gultaz Begum revealed that her husband was murdered by militants. On suspicion, she was arrested and during interrogation she revealed names of two more persons, namely, Sardar Shah and Mohd Farooq in murder of her deceased husband. After investigation final report was submitted in the Court of Judicial Magistrate First Class, Reasi, who committed the same to the court of Additional Sessions Judge, Reasi for trial of the accused. The accused were charged for the commission of offences punishable under Sections 302/109 RPC to which they pleaded not guilty and claimed to be tried. Prosecution in support of its case examined 21 witnesses. Thereafter, the statements of the accused were recorded under Section 342 Cr.P.C. They denied all the allegations leveled against them, but, have not led any evidence in rebuttal. Trial Court after detailed discussion of evidence led by the prosecution has acquitted the accused of the charges levelled against them on, the ground that there was absolutely no other evidence against the accused. PW-Krishan Singh deposed that he was informed by accused Gultaz Begum regarding the murder of Sher Mohd, but, he has failed to provide any incriminating evidence against the accused. PW-Noor Mohd has simply proved the seizure of blood stained clay and plain clay. PW-7 Misar Din, PW-Moharram Shah, PW- Inder Singh, PW Safia, PW-Bibi, PW-Rakia Begum and PW-Sardar Mohd have not supported the prosecution case and were declared hostile. Perusal of the judgment of learned Additional Sessions Judge, Reasi would reveal that the acquittal of the respondents is well-merited, in that, the prosecution has failed to prove any incriminating circumstance against the respondents much-less a complete chain of circumstances that would connect the respondents with the commission of offence punishable under Sections 302/109 RPC. After examining the entire material available on record, we find that impugned judgment is well reasoned which does not need interference in this appeal. This Acquittal Appeal is, therefore, found meritless, hence dismissed.