STATE Vs. ALI RATHER

JUDGEMENT

(1.) RESPONDENTS -accused Ali Rather and Mohd Rather were booked for the offence of committing mischief by fire to complainants residential house at Ichhgam District Budgam. This occurrence is stated to have taken place on the night intervening 10/11th of September, 1992. On full dress trial, while evidence was led by the parties, after hearing, the accused have been acquitted by District & Session Judge (Special Judge) for the offence U/s 436 RPC.

(2.) AGAINST this judgment State of J&K has filed this acquittal appeal mainly on the ground that the prosecution evidence has not been properly appreciated. The eye witness account by the witness has been erroneously not believed. Against accused there is sufficient and direct evidence. There has not been delay in lodging FIR.

(3.) MR . Kawoosa submits that the accused Ali Rather as verified by Mr. J. A. Kawoosa. AAG is dead so appeal against him abates within the meaning of Section 431 Cr. P.C. The appeal is taken up against the other accused Mohd Rather.