STATE OF J & K Vs. ABDUL LATIF

JUDGEMENT

(1.) The State of Jammu and Kashmir (now Union Territory of Jammu and Kashmir) is in appeal against a judgment of acquittal dtd. 26/12/2013 passed by the learned Sessions Judge, Reasi ["trial Court"] in file No.95/Sessions titled State v. Abdul latif and another.

(2.) The impugned judgment of acquittal is challenged by the appellant on numerous grounds. However, before we proceed to consider the grounds of challenge urged by Mr. Dewakar Sharma, learned Deputy Advocate General appearing for the appellant, a brief look at the prosecution case, as was put up before the trial Court against the respondents, would be worthwhile.

(3.) During investigation of a case FIR No.2/2006, Police Station, Mahore, respondent No.1, namely, Abdul Latif, who was also accused in the aforesaid FIR, made a disclosure statement during his interrogation that he had killed one Hameed S/o Mohd. Abdullah R/o Chakras by strangulation and had concealed his dead body under stones in a jungle. The disclosure statement of respondent No.1 was recorded and on the basis of the identification made by respondent No.1, skeleton of the deceased Hameed along with clothes was recovered. From the clothes on the skeleton, it was found that the dead body was that of Abdul Hameed, regarding whom a missing report stood lodged by one Mushtaq Ahmed in the Police Station on 27/11/2002.