STATE OF J & K Vs. MIR HUSSAIN

JUDGEMENT

(1.) The State of Jammu and Kashmir [now UT of J&K] is in appeal against a judgment of acquittal dtd. 12/11/2011 passed by learned Sessions Judge Poonch ["the trial Court"] in file No. 20/Sessions in case titled State Vs. Mir Hussain and ors.

(2.) The impugned judgment is assailed by the appellant primarily on the ground that there has been failure on the part of the trial Court to appreciate the evidence on record correctly. It is contended that the evidence on record was sufficient to connect the respondents with the commission of offences punishable under Ss. 302, 120-B RPC.

(3.) Before we advert to the grounds of challenge urged by Mr. Rajesh Thappa, learned AAG appearing for the appellant, we deem it appropriate to briefly take note of the prosecution case and the evidence led by the prosecution to prove it. On 19/3/2008, the Police Station, Surankote received an information that the dead bodies of Safiya Begum and her minor son namely Mohd. Salim, residents of Khaitan Draba Tehsil Surankote were lying on the bank of the river under suspicious circumstances. The police swung into action and initiated proceedings under Sec. 174 Cr.PC. ASI Ali Mohd., who was entrusted the investigation, went on spot along with Sub Inspector Shabir Hussein Shah and took into the custody the dead bodies of the deceased. After taking photographs of the dead bodies, the same were sent to the Surankote Hospital for post-mortem. On completion of post-mortem and other legal formalities, the dead bodies were handed over to the legal heirs of the deceased for their last rites. The statements of several witnesses under Sec. 175 Cr.PC were also recorded.