STATE OF JAMMU AND KASHMIR Vs. NAZIR AHMED

JUDGEMENT

(1.) The present appeal has been filed by the State which is aggrieved by the judgment of acquittal passed by the court of 2nd Additional Sessions Judge, Jammu in case FIR no.31/2010 for offences under Ss. 302/120B/109/201 RPC.

(2.) The case of the prosecution is that on 4/8/2010, an information was received from a source at Police Station Bagh-E-Bahu that at Ragora Bye Pass, the dead body of a nude male is lying under a bridge (Puli) which bears injury on the head with a blood stained stone also lying on the spot. The police registered the FIR as hereinabove mentioned for the offences under Sec. 302 RPC and investigation commenced.

(3.) In the course of investigation, the IO prepared the site plan, photographed the place of occurrence and summoned the FSL team. The dead body was totally decomposed. A Tabeez (amulet) was present on the left arm of the body and a pair of plastic chappal, one leather belt which black in colour, one amulet along with string, one torch cell, one kara of ladies, one empty beer Can and one broken tooth of the deceased were found near the body. The artifacts were seized and sealed and since the face of the deceased was mutilated because of injuries, the dead body could not have been identified. It was kept in mortuary room of GMC, Jammu for identification and publication through media was done but it could not be ascertained to which faith the deceased belonged to and after 72 hours, post mortem was conducted and though the dead body could not be identified nor its faith ascertained. The body was handed over to the Administrator Islamia, Jammu and on the direction of the District Magistrate, the same was buried. Seized material was got re-sealed by the Executive Magistrate and sent for chemical analysis to the FSL and thereafter statement of witnesses were recorded under Sec. 161 CrPC.