STATE OF J&K Vs. MANZOOR AHMED AND ORS.

JUDGEMENT

(1.) State seeks leave to file appeal against the judgment dated 16.01.2013 passed by the Principal Sessions Judge, Ramban by virtue whereof respondents (hereinafter referred to as 'accused') were acquitted of charges framed against them for offence under Sections 364/382/323/342/324 RPC and 4/5 Explosive Sub-stances Act, on the ground that the prosecution had failed to connect the accused with the commission of alleged offences. The case has been registered on the basis of a written complaint filed by Bashir Ahmad and others alleging therein that on 26.07.2007 at 6:00 PM two militants, namely, Furkan and Nasarullah Gazi came across them at Gujjargali, took them to the house of Mohd. Ayoob on gun point, where Mohd. Ayoob and Gulzar sons of Gul Mohd. were told that 2IC of Army had called them to Bhimdasan and from Bhimdasan they were taken to a house where Raj Begum w/o Furkan and some other persons assaulted them and snatched their Cell Phones. They were tied after being subjected to beating. However, they managed to escape while militants were taking meals in the house.

(2.) Case under FIR No. 49/2007 came to be registered at police station, Gool on the basis of the written complaint. Investigation culminated in filing of charge-sheet against the accused for aforesaid offences, to which the accused pleaded not guilty. Prosecution led evidence to establish complicity of accused in the alleged crime. On consideration of the evidence brought on record at the trial, learned Sessions Judge recorded the judgment of acquittal which is sought to be assailed in appeal before this Court.

(3.) Heard and perused the record.