STATE OF J&K Vs. MOHINDER SINGH

JUDGEMENT

(1.) Respondents-Accused were tried for charge under Sections 302/34 RPC in case titled State Vs. Mohinder Kumar and anr. arising out of FIR No.25/2000 of Police Station Nowshera. The trial culminated in Acquittal of Respondentsaccused as not proved. Aggrieved of the judgment of acquittal recorded by learned Sessions Judge Rajouri, State has filed the instant appeal in terms of provisions of Section 417 CrPC.

(2.) It is alleged that the Respondentaccused Ajit Kour frequently used to quarrel with the deceased Gurmeet Kour as there existed a dispute in regard to pathway and passage of cattle. On 11.03.2000 at 11.am, a fight ensued between Respondent-accused Ajit Kour and deceased Gurmeet Kour. In the scuffle, both suffered injuries.

(3.) Prosecution adduced evidence at the trial to bring home the guilt of Respondents-accused. On consideration of evidence so adduced, learned Sessions Judge found it unsafe to rely on uncorroborated testimony of the child witness Jaswinder Kour and acquitted the Respondent-accused.