STATE Vs. ABDUL RASHID

JUDGEMENT

(1.) This appeal by the State is against the order of acquittal dated 31-8-1990 passed by the Additional Sessions Judge, Ramban. The accused-respondents were tried for the offence of murder and attempt to murder allegedly committed by them on 9-1-1992 when all the three are said to have assaulted the deceased Farooq Ahmad and his brother PW Rafiq Ahmad. The occurrence having taken place within the jurisdiction of P/S Banihal. Both the victims of the assault were removed to Government Hospital, Banihal immediately after the occurrence. Doctor Abdul Majid, the then Block Medical Officer, Banihal referred the deceased Farooq Ahmad to SMGS Hospital, Jammu for treatment on the same date. However, before he was shifted to Jammu, his statement was recorded by the police in the Hospital on the basis of which case u/S. 307/341 read with Section 34, IPC was registered against all the three accused.

(2.) The facts disclosed in the FIR are that the deceased along with his brother PW Rafiq Ahmad was attacked by the accused persons in village Maligam. While the deceased was statuted by a sharp edged weapon his brother PW Rafiq Ahmad was also attacked with a sharp edged weapon. Assailants fled from the place of occurrence when some persons intervened. However, the persons who allegedly intervened are not named in the FIR.

(3.) Since the deceased was referred to SMGS Hospital, he was treated there for the stab wounds which were stitched by Dr. S. L. Kachroo. He was admitted in SMGS Hospital, Jammu on 19-1-1992 and discharged on 24-1-1992. He died on 17-3-1992. The prosecution case is that he died of the stab wounds inflicted by the accused which did not heal despite treatment. Charges u/s. 302/307/326/341/323/34 RPC and 4/27 Indian Arms Act were framed on 13-2-1996 to which accused pleaded not guilty. The trial court being of the opinion that the prosecution has failed to prove charge against the accused beyond reasonable doubt, acquitted them and hence this appeal u/s. 417 of the Code of Criminal Procedure.