STATE OF J&K Vs. SHAM SUNDER

JUDGEMENT

(1.) Challenge in this appeal has been thrown to judgment dtd. 18/8/2007 propounded by learned 1st Additional Sessions Judge, Jammu (hereafter referred to as 'trial court'), in file No. 315/Challan titled 'State v. Sham Sunder and ors.' and FIR No. 123 of 2001 of Police Station, Bahu Fort Jammu, for offences under Ss. 302, 307, 332/34 of RPC, vide which, respondents have been acquitted of the charges.

(2.) Shorn of verbosity, the appellant/prosecution case is that on 9/7/2001, at about 12:50 midnight Police Post, Narwal Bala received oral information from SPO Ashok Kumar that on 8/7/2001, while he along with Sher Mohammad, 343-J were on patrolling and reached near transport Yard, Sunjwan at 11:30 p.m., they found 10 to 15 persons present outside their Jhuggies (Shanties) and they were asked to go inside. However, one of them, namely, Sham Sunder (respondent No.1), in furtherance of criminal intention made an assault on the police party, hurled abuses and they refused to go to their Jhuggies. When they again exhorted them to return to their Jhuggies, the said accused, namely, Sham Sunder attacked Ashok Kumar on his head in furtherance of criminal intention to eliminate. It was also alleged that rest of the persons present on the spot also attacked the police party and pelted stones. Thereafter, accused persons made an attempt on the life of Sher Mohammad with a pipe, who started bleeding and rest of the persons present on the spot also attacked Sher Mohammad with sticks and stone pelting. Initially, FIR came to be registered for the alleged commission of offences under Ss. 307, 336, 332, 147 and 148 RPC. However, Sher Mohammad later succumbed to his injuries on 10/7/2001 and offence under Sec. 302 RPC was added.

(3.) Respondents were charge-sheeted by the trial Court on 12/6/2002 for offences under Ss. 302, 307, 325/34 of RPC whereby they pleaded innocence and claimed to be tried, thereby persuading learned trial court to ask for the prosecution evidence. Prosecution has examined as many as 23 witnesses in support of its case. However, learned trial Court on appreciation of the prosecution evidence is of the opinion that prosecution having failed to prove charges against the respondents, the final report filed in the trial court was liable to be dismissed. Accordingly, respondents have been acquitted of the charges.