STATE Vs. RAKESH KUMAR

JUDGEMENT

(1.) This criminal acquittal appeal has been preferred by Appellant- State against judgment dtd. 8/9/2009 ("impugned judgment") passed by learned 3 rd Additional Sessions Judge, Jammu ('Trial Court') in Sessions Case No.54/2002 titled 'State v. Rakesh Kumar & Anr,' whereby the accused Rakesh Kumar and Bholi Devi (hereinafter called respondents) were acquitted from the charge of commission of offences punishable U/Ss 306/498-A RPC, arising out of FIR No.71/2002 U/Ss 498-A/306 RPC registered at Police Station Kana Chak, Jammu.

(2.) Having been aggrieved of the acquittal, the appellant-State after obtaining sanction to file appeal vide Govt. Order No.2440-LD(ACQ) of 2009 dtd. 16/11/2009 preferred this appeal, assailing the impugned judgment on the following grounds:

(3.) Learned counsel for the appellant/accused argued that the trial court has passed not only an erroneous but illegal judgment, while mis-appreciating the evidence brought on record, though the appellant while prosecuting the respondents had brought on record sufficient oral and documentary evidence which established the commission of the alleged offences by the respondents/accused and prayed that the impugned judgment being not sustainable, be set-aside by allowing the appeal and the respondents be convicted and sentenced for the commission of offences punishable u/s 306, 498-A RPC, in the interest of justice.