STATE OF J&K Vs. KALI DASS

JUDGEMENT

(1.) Appellant/State has commenced instant Criminal Acquittal Appeal under Sec. 417 Cr.P.C. against the judgment dtd. 18/3/2011 rendered by the court of learned Principal Sessions Judge Samba (for short 'the Trial Court') in case titled "State vs. Kali Dass and Anr" in File No. 9/Sessions, arising out of FIR No. 84/2002 registered with Police Station Hiranagar (District Kathua) for the commission of offences punishable under Ss. 498-A/302/34 RPC.

(2.) Aggrieved of and dissatisfied with the impugned judgment and order, appellant/State has assailed it's legality, propriety and correctness and has sought it's setting aside/quashment on the following grounds:-

(3.) Sh. Ravinder Gupta, learned AAG, appearing on behalf of the appellant/State, has vehemently articulated arguments that in view of the facts and circumstances of the case and the evidence available on record, the prosecution has proved the guilt of accused/respondents beyond hilt, however the trial court has committed a grave error in acquitting the respondents/accused for commission of offences of murder and cruelty under Ss. 498-A/302 RPC. It is argued, that the trial Court ought to have relied upon the oral as well as documentary evidence, which was led by the prosecution, and such evidence was cogent, credible and trustworthy against the respondents/accused, but reasons assigned by the trial Court while appreciating of evidence do not inspire confidence, thereby, the trial Court has grossly erred in not relying upon oral as well as documentary evidence in it's right perspective which could have weighed the trial court to record finding of conviction against respondents/accused.