STATE OF JAMMU AND KASHMIR Vs. VIJAY KUMAR

JUDGEMENT

(1.) The present Criminal Acquittal Appeal has been filed against the judgment dated 30.08.2008 passed by the learned Principal Sessions Judge, Rajouri in File No. 2/Challan in case titled as State versus Vijay Kumar and ten others, whereby the respondents, who were facing trial in FIR No. 157 of 1995 for offences punishable under sections 307/436/452/147/323 RPC, have been acquitted.

(2.) It is stated that during the pendency of the appeal and trial, Ashok Kumar, Sham Lal Ss/o Nanak Chand and Gansham alias Shammi Kumar S/o Krishan Lal have died. The trial Court after holding that the prosecution has miserably failed to prove the allegations against the accused dismissed the challan and acquitted the accused. The order of acquittal recorded by the trial Court has been challenged in this appeal by;the State precisely on the ground that trial court has misappreciated the evidence on record and, thus, erred in acquitting the accused. The prosecution had established the commission of offences against the accused but the trial court without giving due weightage to the evidence passed the order of acquittal. The evidence produced before the trial court establishes charges against the accused/respondents beyond any reasonable doubt. The order of acquittal is, therefore, required to be reversed and accused convicted and sentenced for commission of offences for which they were charged.

(3.) Briefly stating the facts of the case are that an FIR No. 156 of 1995 for offences punishable under Sections 302/203 RPC was being investigated by Mr. Hem Raj, Sub Inspector (SI) Police Station, Rajouri while camping in the village Patrera, Panjgrain with regard to murder of a lady, namely, Kamla Devi W/o Vijay Kumar (accused). He recorded the statement of one Khoju Ram S/o Kala Ram R/o Patreara, Panjgrain on 14.05.1995 and found that Mst. Kamla Devi W/o Vijay Kumar-accused missing from her residence on which the police started its search operation. Her cloths were found at the bank of the rivulet and her dead body was also found in the said rivulet in the afternoon. At that time Vijay Kumar, Sanjay Kumar Ss/o Rajinder Kumar, Ajay Kumar S/o Badri Nath R/o Dangri, Ashok Kumar, Gulshan Kumar Ss/o Nanak Chand R/o Mubarakpur, Krishan Lal S/o Behari Lal R/o village Dassal, Om Prakash S/o Sant Ram R/o Dangri, Sham Lal S/o Nanak Chand R/o Mubarakpur, Kewel Krishan S/o Behari Lal R/o Dassal, Subash Chander S/o Om Parkash R/o Dangri, Vijay Kumar S/o Pritam Lal R/o Mubarakpur, Kewal Krishan S/o Khoju;Ram R/o Dangri, Bitu S/o Kewal Krishan R/o Dangri Gulshan Kumar S/o Rattan Lal and some other persons started crying and thereafter they entered into the house of Khoju Ram and his sons, namely, Vijay Kumar and Mukesh Kumar and set their houses on fire. Khoju Ram, Jyotsana D/o Tirath Ram and Priyanka Bala D/o Mukesh Kumar were locked inside the house when the house was set on fire. They were taken out by the Police. Khoju Ram got unconscious. Hem Raj-SI after recording the statement of Khoju Ram, regarding the incident in question, forwarded the same to Incharge Police Station Rajouri for registration of FIR and accordingly, FIR was registered for offences punishable under Sections 436/452/307/147/RPC and investigation was started. As per the police, the investigation was completed and the aforesaid offences were established against the accuses persons. The charge sheet regarding the same was filed in the court and charges for said offences were framed against the accused. The prosecution led the evidence. After the conclusion of the trial, the trial Court found that offences are not established against the accused and while acquitting them, dismissed the charge.