STATE OF J&K Vs. SHAM SINGH

JUDGEMENT

(1.) Instant appeal by the then State of Jammu and Kashmir through Crime Branch, Jammu (now the Union Territory) arises out of a judgment dtd. 24/7/2010 passed by the learned Principal Sessions Judge, Reasi ["the trial Court"] in case File No.27/14/Sessions titled State v. Sham Singh and another (FIR No.48/2006) for offences under Ss. 302/34 RPC and 4/27 Arms Act, whereby the trial Court has acquitted the respondents of the charges and consigned the challan to records.

(2.) Before we advert to the grounds of challenge urged by Ms. Monika Kohli, learned Sr. AAG appearing for the appellant, we deem it appropriate to take note of the prosecution case, as was set up before the trial Court.

(3.) On the intervening night of 8/9/3/2006, one Kundan Lal alias Fouzi S/o Kuldeep Kumar R/o P.P. Market, Puranadaroor was found to have been killed at Charanpadika adjacent to a bathroom complex. Information with regard to the murder was received in the Police Station, Katra in the form of a written application made by the mother of the deceased PW-Rakesh Kumari at 00045 hrs on 9/3/2006. On the basis of the aforesaid information, FIR No.48/2006 under Ss. 302/34 RPC and 4/25 Arms Act was registered in the concerned Police Station. The investigation was initially handed over to Mr. Shamsher Singh Sambyal, the then SHO Police Station, Katra. The complainant was not satisfied with the manner in which the investigation was being conducted by the Police Station, Katra. She approached this Court and on the directions of this Court passed on 5/5/2007 in LPA (OWP) No.72/2006, the Crime Branch was handed over the case for re-investigation. Before this Court, the complainant had sought registration of a case of murder against five persons in addition to the respondents herein. Immediately upon taking over the investigation, the Crime Branch recorded the statements of the complainant and other witnesses under Sec. 161 Cr.P.C, visited the spot and prepared the site plan. Besides others, the statements of the daughter of the complainant Neeru Devi, maid Kamlo Devi, servant Anil Kumar and sister of the complainant Babli Devi were also recorded. The statements of PWs-49, 58 to 61 and 63 were found in contradiction with the statements of the complainant-Rakesh Kumari and her daughter Neeru Devi.