STATE Vs. WAZIR MOHD.

JUDGEMENT

(1.) The State is in appeal against the judgment of acquittal dtd. 17/11/2012 passed by learned Sessions Judge, Poonch ["the trial court"] in file No.26/Sessions titled State of J&K v. Wazir Mohd and Anr.

(2.) Before adverting to the grounds of challenge urged by learned counsel for the appellant to find fault with the judgment impugned, a brief reference to the prosecution case, as was put up before the trial court, would be worthwhile.

(3.) On 27/10/2001, complainant Abdul Kariem son of Ali Mohd resident of Dingla lodged a written report to the SHO Police Station, Poonch against the respondents/accused alleging therein that he and the respondents/accused were having old enmity over a dispute with regard to a piece of land and on the basis of said dispute, the respondents filed a false and baseless report against him and others in the said Police Station and thereafter at 7.15 pm, the respondents with a common criminal intention entered the disputed land and attacked his son namely Mohd Shakeel. The respondent/accused Mohd Ayoob caught hold of his son and respondent No.1 inflicted a blow of axe on the head of his son with an intention to kill him. Upon hue and cry, his son Zubair Hussain reached the place of occurrence and on seeing him, respondents ran away. His son saw the injured in a blood stained condition. Upon receipt of this report, the police concerned registered FIR No. 181/2001 against the respondents in Police Station, Poonch. Investigation was set in motion and on culmination thereof, a charge-sheet was laid against the respondents before the Court of learned Chief Judicial Magistrate, Poonch, who committed the same to the trial court.