STATE OF J&K Vs. SOHAN LAL

JUDGEMENT

(1.) This criminal acquittal appeal arises out of the judgment dtd. 18/7/2014 passed by the court of Principal Sessions Judge, Kathua (hereinafter to be referred as the trial court) in file No. 40/Sessions, titled, State vs. Sohan Lal @ Sonu and others, whereby the respondents have been acquitted of the charges for commission of offences under Sec. 307, 364, 452, 332, 353, 382, 147,148, 342 and 201 RPC, arising out of FIR No. 30/2008 of Police Station, Basohli. The judgment has been assailed on the ground that the learned trial court has mis-appreciated the facts and evidence on record as there was enough evidence on record that warranted conviction of the respondents.

(2.) Mr. Dewakar Sharma, learned Dy.AG appearing for the appellant vehemently argued that PW-Sanjeet Singh has categorically stated that the accused persons entered in the Police Post and committed the offences. In a nutshell, the argument of Mr. Dewakar Sharma is that the learned trial court has not rightly appreciated the evidence.

(3.) On the contrary, Mr. Rahul Pant, learned senior counsel for the respondents vehemently argued that there is no evidence on record against the respondents that they attempted to kill the injured-Anil Jad, ASI, as such, there is no illegality or impropriety in the judgment passed by the learned trial court.