STATE OF J&K Vs. TAJINDER SINGH

JUDGEMENT

(1.) Through the medium of instant criminal acquittal appeal challenge is thrown to the judgment dtd. 2/1/2014 passed by the learned Special Judge (Principal Sessions Judge) Jammu (hereinafter referred to as 'the trial court'), whereby and whereunder the trial court has acquitted the Respondents (hereinafter referred to as A-1 Tajinder Singh and A-2 Ravinder Singh) of the charges under Ss. , 4/5 Explosive Substance Act, 7/25 Arms Act & 120-B RPC, respectively.

(2.) Before adverting to the grounds of challenge, it will be profitable to take note of the prosecution case in brief. FACTUAL MATRIX

(3.) The accusations germane lead to the trial of A-1 Tajinder Singh and A-2 Ravinder Singh are that on 24/8/2005, a source information was received by PW-6 Diwakar Singh (SHO Police Station, Gandhi Nagar) that A-1 and A-2 who bore allegiance to militant organization, operating under the name and style of; K.Z.F., which is controlled by Ranjeet Singh @ Nita group and are operating under the diktat of Pakistan's Inter Services Intelligence (I.S.I.) with the design and purpose to disturb the peace, tranquility, integrity and sovereignty of the country, and are seducing the youth of Satwari; Gadigarh and Gandhi Nagar, in Jammu to join the K.Z.F., a terrorist organization. The information also said to have been reached that the accused have concealed at some unknown place prohibited arms and ammunition, so as to commit heinous offence(s).