STATE OF J&K Vs. BALWANT SINGH

JUDGEMENT

(1.) The present acquittal appeal has been filed by the appellant-the then State against the judgment dtd. 31/1/2007 passed by the learned 1st Additional Sessions Judge, Jammu (hereinafter to be referred as the trial court), by virtue of which the respondents have been acquitted of the charges for commission of offence under sec. 306 RPC.

(2.) The judgment impugned has been challenged only on the ground that the trial court has mis-appreciated the evidence as the prosecution has successfully proved the allegations against the respondents. During the pendency of the present appeal, respondent No. 2, who is the mother of respondent No. 1 died, as such she was deleted from array of the respondents vide order dtd. 20/12/2018.

(3.) Mr. Aseem Sawhney, learned AAG argued that the parents and the brother of the deceased have successfully proved the prosecution case and as such the trial court has erred in acquitting the respondents.