STATE Vs. JAWIHARA BEGUM

JUDGEMENT

(1.) This Criminal Acquittal Appeal has been filed against the Judgment dtd. 31/10/2016 passed by the Additional District and Sessions Judge, Handwara, hereinafter referred to as the 'Trial Court', in a case titled as State of J&K through SHO Police Station, Handwara versus Mst. Jawahira Begum, in which accused was facing trial for offence punishable under Sec. 304 RPC. The Trial court has dismissed the challan and acquitted accused holding that charge framed against her has not been proved. The said judgment, whereby accused has been acquitted, is being challenged in this Appeal precisely on the grounds that the impugned Judgment is based on improper appreciation of evidence; that the evidence produced by the prosecution has proved the charge against the accused beyond any shadow of doubt; that the Trial court has not given any reason, muchless a cogent reason while rejecting the evidence of the prosecution; that Judgment is based on total non-application of mind; that the direct as well as circumstantial evidences produced by the prosecution has established the guilt against the accused; that evidence produced on the record before the Trial court proves the guilt, therefore, the accused requires to be convicted and Judgment passed by the Trial court is required to be reversed.

(2.) Heard learned counsel appearing for the appellant as well as learned counsel appearing for the respondent and I have also gone through the record and evidence produced before the Trial court.

(3.) The brief facts of the case are that on 24/3/2001, a written report was received by Police Station Handwara, from complainant, wherein it was alleged that accused caused death of Sarwa Begum wife of complainant by hitting her head with a brick shard which caused injury to her head and ultimately because of such injury, she died. According to the complainant, a cow of the complainant had gone to the pasture on 16/3/2001 for grazing purposes and when the cow returned back, it was found by his wife-deceased that their cow has suffered an injury and impairment of the eye and because of that, she raised abusive language against the accused who reside in their neighborhood. Accused caught hold of his wife and assaulted her head with a pacca brick shard causing injury to her. She was admitted in the hospital at Handwara in an injured condition, wherefrom she was referred to SKIMS, Soura, for treatment and she succumbed to injuries on 23/3/2001.