STATE OF JAMMU & KASHMIR Vs. MOHINDER PAL

JUDGEMENT

(1.) Instant Acquittal Appeal is directed by appellant against the Judgment dtd. 24/1/2018 rendered by the Court of Learned Additional Sessions Judge Kathua in file no. 06/71 Sessions titled State vs. Mohinder Pal and anr. bearing in FIR No. 43 of 2003 of P/S Kathua, whereby, respondents/accused have been acquitted of the charges framed against them for commission of offences punishable under Ss. 307/224/326/24 RPC.

(2.) Being aggrieved of and dissatisfied with the impugned judgment, appellant has questioned it1/2s legality, proprietary and correctness and has sought its setting aside/quashment and further seek conviction of respondents/accused on the following grounds:

(3.) Allegations against the respondents/accused as emerged out in the charge sheet laid before the Court of Ld. Additional Sessions Judge Kathua are, that on 20/2/2003 complainant Pawan Kumar (PW-1) lodged a written report in police post Mehreen to the effect that on 20/2/2003 at 4:00 pm in his presence his brother-in-law was working in his proprietary land, after few minutes accused came on spot having a Kai (Spade) in his hand, they assaulted his brother-in-law with the intention of killing him and gave 5/6 blows one by one on his head, whereby his brother-in-law became unconscious, the accused also inflicted beatings to him with fists and blows. On the aforesaid allegations FIR no. 43/2003 for commission of offences u/ss 307/34 RPC were registered against respondents/accused. During investigation I/O collected the evidence and laid charge sheet against the respondents/accused for commission of offences under Ss. 307/326/324/34 RPC in the Court of law.