STATE OF JAMMU AND KASHMIR Vs. SWARN SINGH

JUDGEMENT

(1.) Instant Criminal Acquittal Appeal is directed against the judgment and order dtd. 28/8/2015 rendered by Ld. Sessions Judge Bhaderwah in case File No. 09/Sessions titled State of J&K Versus Swarn Singh @ Titti and another, whereby, respondents (accused) have been acquitted of the charges leveled against them in FIR No 05/2002 of police station Gandoh for commission of offences U/Ss 302/34 RPC.

(2.) Aggrieved of and feeling dissatisfied with the impugned judgment and order dtd. 28/8/2015, appellant State of J&K has questioned it's legality, propriety and correctness, and has sought it's setting aside/quashment on the following grounds;

(3.) Alongwith the main acquittal appeal, appellant preferred an application for condonation of two (2) days delay in filing appeal, wherein, the appellant specifically contended that a strong prima facie case exists in favour of appellant which is sure to succeed on merits, the sanction for filling of appeal was granted by the Department of Law, Justice and Parliamentary Affairs vide Government Order No. 4014-LD (ACQ) of 2015 dtd. 13/10/2015, the delay of two days in filing appeal is neither intentional nor deliberate but due to the facts narrated above. In terms of order of this Court dtd. 22/10/2015, two (2) days delay in filing the acquittal appeal was condoned and the appeal was admitted for hearing.