STATE OF JAMMU AND KASHMIR Vs. ASHOK KUMAR

JUDGEMENT

(1.) This appeal has been directed against judgment dtd. 13/5/2016 passed by learned 1st Additional Sessions Judge, Jammu ["trial Court"], in case titled 'State v. Ashok Kumar and others', in File No.212013, arising out of FIR No.50/2005 of Police Station, Domana for offences under Ss. 307/382/34 of the Ranbir Penal Code, 1989 ("RPC') and 3/25 &7/25 of Arms Act, vide which, respondents came to be acquitted.

(2.) The case set out by the prosecution, in the trial Court, is that on 18/3/2005, complainant,PW-3-Rashpal Singh lodged an oral report at Police Station, Domana alleging inter alia that while he along with Bishan Singh, Balbir Singh, Pal Singh, Parveen Singh, Parshotam Singh and Gansham Sharma were on their way in Scorpio bearing Registration No. JK02 X-0031, after attending the Court proceedings in District Court, Jammu, the respondents/accused, while moving in a vehicle bearing Registration No. PB08AE-3497 (Qualis) attacked them at Muthi-Akalpur Road and accused Sanjay Kumar and Janak Singh fired upon them with their double barrel rifle in furtherance of common criminal intention to kill them. On the receipt of this report, aforesaid FIR No.50/2005 came to be registered and investigation came into vogue. The investigating officer after completing legal and statutory formalities laid a final report in terms of Sec. 173 Cr.P.C. against the respondents.

(3.) Respondents No. 1 and 2 came to be charged for offences under Ss. 307/34 RPC by learned 3rd Additional Sessions Judge, Jammu on 18/10/2008, whereas respondents No. 3 and 4 were absconding and proceedings under Sec. 512 Cr.P.C were initiated against them. Prosecution on denial of charges by respondents No. 1 and 2, examined eight witnesses and vide order 4/1/2012, they came to be acquitted for want of evidence.